The Gazette 1992

GAZETTE

DECEMBER 1992

T h e Litigation C omm i t t ee of t he Law Society c on s i d e rs t h at as far as is r e a s o n a b ly practicable, all q u e s t i o ns s h o u ld be p ut by t he d e f e n d a n t 's d o c t or or c o n s u l t a nt to the p l a i n t i f f 's d o c t or or c o n s u l t a nt w h o is better q u a l i f i ed t h an the plaintiff to distinguish between q u e s t i o ns c o n c e r n i ng the n a t u re a n d extent of injuries f r om q u e s t i o ns which t o u ch o n t he liability issue. We wo u ld accordingly a p p r e c i a te it if you wo u ld b r i ng to t he a t t e n t i on of y o ur memb e rs this C omm i t t e e 's c o n c e rn t h at q u e s t i o ns a n d discussions between the d e f e n d a n t 's d o c t or or c o n s u l t a nt a n d the plaintiff s h o u ld be c o n f i n ed only to establishing the n a t u re a n d extent of the injuries a n d limiting discussion generally to a m i n i m u m. We wo u ld emp h a s i se t h at t he d o c t or or c o n s u l t a nt representing t he plaintiff is expected to provide full a n d f r a nk details of the injuries to this colleague. In a wo r d, it is b o th a p p r o p r i a te a nd expedient t h at q u e s t i o ns to be raised by t he d e f e n d a n t 's d o c t or or c o n s u l t a nt should be directed to the p l a i n t i f f 's

d o c t or or c o n s u l t a nt a n d t h at only where it is essential t h at any q u e s t i o ns at all s h o u ld be directed to t he plaintiff himself. We trust t h at you a n d y o ur memb e rs will u n d e r s t a nd t he c o n c e rn of solicitors for their plaintiff client's interests in c o n n e c t i on with such e x ami n a t i o n s, especially where s ome clients are u n s o p h i s t i c a t ed a n d ill- e q u i p p ed to deal with q u e s t i o ns in c i r c ums t a n c es where a d d i t i o n a l ly they may feel vulnerable a n d d i s a d v a n t a g e d ."

VAT Transitional Changes Update/Reminder

T h e Taxation C omm i t t ee wo u ld like to correct an error in their article which was published as an insert in the No v emb er Gazette in relation to the d a te u p o n which bills s h o u ld issue to avail of the three VAT periods. P r a c t i t i on e rs s h o u ld n o te t h at in relation to any bill which s h o u ld issue in J a n u a ry it may be a p p r o p r i a te to allow s ame to issue in De c emb er t h us availing of t he three VAT p a yme nt dates. T h e Taxation Commi t t ee would also like to draw attention to paragraph 21 of the Statement of Practice (SP-VAT 16/92) entitled "Mo n e ys Received Basis of Accounting", issued by the Revenue Commissioners wherein it is stated that application to local inspector of taxes is necessary to obtain the concessions by the Revenue Commissioners a nd therefore practitioners availing of this facility will have to justify this approach to the inspector. •

Litigation

Committee

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