The Gazette 1993

GAZETTE

NOVEMBER 1993

LRC Examines Plain Language According to its Annual Report for 1992, the Law Reform Commission is examining the language of the law to see whether a policy of plain language should be adopted in Ireland. The Commission notes that many common law jurisdictions, in particular In the annual report of the Commission, it notes that the Criminal Evidence Act, 1992, substantially adopted the Commission's recommendations on the taking of evidence from children made in its report on child sexual abuse (LRC 32-1990), the Commission's recommendations

LAW LIBRARY PHONES Solicitors phoning barristers at the Law Library are requested to use the Direct Dial Numbers which were distributed with the june issue of the Gazette. Further copies are available from the Law Library - phone 8720622. Where a barrister is not at his/her desk your call will be answered either by the switchboard or the member's voicemail. The number is not answered is where the barrister has forwarded calls to another extension but is not at that extension when you phone. only circumstances in which the Direct Dial

Australia, the United States and the United Kingdom, have done extensive work in the area of plain language and the law. Some of these jurisdictions have enacted statutes requiring the use of plain language in a variety of situations. The report says that the Commission hopes to publish its consultation paper on the area in 1993 and has decided to focus on plain language in legislation. The consultation paper will examine Irish legislation to see whether there is room for improvement and then look at other jurisdictions to assess developments there. Among the work accomplished by the Law Reform Commission in 1992, was a report submitted to the Attorney General on the United Nations (Vienna) Convention on the International Sale of Goods, which confirmed the provisional recommendations of the Commission in an earlier discussion paper. The working group on Land Law and Conveyancing Law presented a further report, containing general proposals, which was submitted to the Attorney General in September, 1992. The report identified anomalies in the law, the origins of which vary from the continuing existence of obsolete provisions to unforeseen difficulties which have been created by more modern legislation, (see review of the report in this issue of the Gazette on page 351). The Commission also presented its report on the law of dishonesty to the Attorney General. Work continues on a final report containing recommendations on contempt of court, a discussion paper on the law of privacy, research into the area of structured settlements and a report on the law of occupiers' liability. A discussion paper on family courts is also in preparation.

relating to proof of business records in its report on receiving of stolen property (LRC 23-1987) and proposals relating to the evidence of spouses in the Commission's report on the competence and compellability of spouses as witnesses (LRC 13- 1985). Copies o f t h e 14th Report (1992) of the Law Reform Commission are available from the Commission at Ardilaun Centre, 111 St. Stephen's Green, Dublin 2, price £2.00. • to the Court whether (a) the report is to be treated as part of the testimony of the witness (in which event the witness should be asked to explain or supplement the report) or (b) whether it is offered merely for the convenience of the court and as an aide-memoire. apply mutatis mutandis in the case of reports obtained from other expert witnesses, for example engineers, architects, actuaries, accountants, welfare consultants (and to photographs and maps annexed to such reports) in personal injury actions and other types of actions. 4. The parties may, by agreement, exchange before the trial, their reports on a reciprocal basis. But the absence of agreement to do so should not in itself be a ground for refusing to cooperate at the trial in the procedures outlined above. 5. This direction replaces the practice direction published in the Legal Diary on 11 January, 1993. • 3. The above procedures should Lawbrief (Continued from page 342)

John Dowling Director

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