The Gazette 1995

GAZETTE

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JANUARY/FEBRUARY 1995

Action on Delay in Court Cases Agreed

At its meeting on 15 December 1994, the Council considered the following motion: "that this Council notes with concern the increasing delay in our courts and resolves to take all possible steps to encourage such changes as are necessary to enable persons having business before the courts to be dealt with as expeditiously as possible" Concern was expressed at the current delays in the Circuit and High Courts. The previous joint' submission with the Bar Council to the Minister for j Justice on the courts service was referred to and the President and the Council agreed to reactivate the issue as a matter of priority. The recent published Programme for Government was referred to. This gave a commitment to the establishment of a commission on the management of the courts as an independent and permanent body, with financial autonomy. It was also stated that "the Government will review the provisions of the Courts and Court Officers Bill, 1994, to ensure that measures will adequately address the need to tackle the backlog of cases to be heard in all courts." It was also noted that a Committee has been established to examine the existing organisation of the Circuits and to make recommendations for revisions. Disappointment was expressed that the Law Society had not been consulted, particularly since it represents 80% of the legal profession. It was agreed that immediate action was needed. The motion was passed. President Appointed as Acting Director General As and from 1 January, 1995, Mr. Patrick Glynn was appointed acting Director General, pursuant to Regulation 19 until such time as a Permanent Director General took up office.

Compensation Fund

section 68 of the Solicitors (Amendment) Act, 1994, which would be circulated to the profession in advance of 4 February, 1995 (the operative date of Section 68). Establishment of Review Group to Examine Structure of the Law Society The establishment of the review group was discussed and it was decided that the President would bring forward proposals for discussion at the January Council meeting. The meeting concluded with a tribute to Mr. Noel C. Ryan, Director General. The Council thanked him for his hard work and commitment over the previous four years and wished him well in his future employment. • Company and Commercial Law Committee The submissions made by the Company and Commercial Law Committee to the Company Law Review Group established by the Minister for Enterprise and Employment are available from the Companies (Amendment) Act 1990; investigations; insider dealing; and restrictions on Directors within the Companies Act 1990 together with the position of farmer creditors and matters arising out of the recommendations of the Small Business Task Force. The Booklet may be obtained from: Eileen Brazil, The Law Society, Blackhall Place, Dublin 7. • 7 Society. The Booklet contains submissions dealing with e.g. Departure of Director General

The Council approved a schedule of payments from the Fund (see page 6).

Draft Statutory Instruments

The Council approved three draft Statutory Instruments, providing for (a) a new form of application for a practising certificate for the year 1995/96 (b) a new form of practising certificate for 1995/96 and (c) the fees payable by solicitors for the practice year 1995/96. All three Statutory Instruments reflected changes contained in the Solicitors (Amendment) Act, 1994 and applied only to the practice year 1995/96. On the recommendation of the Finance Committee, the Council approved an increase of £10 in the registration fee element of the practising certificate fee for 1995/96 from £525 to £535 for solicitors who were admitted for three years or more. This represented an increase of 2.3% in the registration fee operating for the practice year 1994/95. The Council also approved an increase of £7 in the registration fee for solicitors admitted less than three years from £366 to £373. The decision was taken as part of the Council's continuing response to the views expressed by the members at successive General Meetings that the Society should address its financial situation. Finance

Litigation

The Litigation sub-committee on 'capping' reported on the various steps it was proposing to take on this issue.

Remuneration/Costs

The Council approved a draft agreement on solicitors charges, intended to meet the requirements of