Essential Legal Updates 2017 - Day 2
Saturday 9th December 2017

CPD Hours: 7 General CPD Hours by Group Study
and 3 online CPD Hours.

Medical Negligence: A Practical Guide to Recent Developments: 

Augustus Cullen Solicitors
  • Grounding and defending a claim
  • A review of recent case Law
  • Costs in medical negligence actions: the decision of the Supreme Court in Sheehan V Corr and the Recent Practice Direction HC71 (Payment on Account of Costs Pending Taxation)
  • Funding a case: how to fund disbursements 
  • The Legal Services Regulation Act, 2015: Implications for medical negligence litigation
  • The Civil Liability (Amendment) Bill: Periodic Payment Orders; Are the contents of an “open disclosure” admissible?
Family Law: Rights of Extended Family and Third Parties in Private Family Law to Include Child and Family Relationships Act, 2015: 
Muriel Walls, Walls Toomey Solicitors


The Children and Family Law Relationships Act, 2015 represents the most significant change in family law in a generation. The legislation strengthens and creates new rights for parents and most crucially, for children. It widens the circle of those who can apply for guardianship, custody and access to a child.
This section of the seminar will provide you with a practical guide to the rights of extended family and third parties under the legislation.
The matters to be addressed include the following:

GUARDIANSHIP
  • Guardianship rights for unmarried fathers
  • Guardianship for parents in cases of donor assisted reproduction
  • Entitlement of step-parents and partners and co-habitants to apply to court for guardianship
  • In what circumstances might the court appoint a temporary guardian?
  • Importance of the appointment of a testamentary guardian
CUSTODY AND ACCESS
  • Improved rights of custody and access to a wider range of family members
  • Significant changes in respect of custody rights for step-parents, civil partners and
    co-habitants
  • Are the rights of grandparents and relatives strengthened?
THE BEST INTERESTS PRINCIPLE AND THE VOICE OF THE CHILD
  • The replacement of the “welfare principle” with the “best interests principle”
  • What criteria shall the court have regard to in interpreting this principle?
  • Does the court have a mandatory obligation to have regard to any family violence?
  • The views of the child and the child’s right to participate in the proceedings
  • How will the court ensure that the views of the child are freely expressed and not as a result of undue influence of another person including the parent of the child?

ENFORCEMENT
Wider range of enforcement orders where access has been unreasonably denied such as: 
provision for compensatory access, reimbursement of expenses and obligation to attend family counselling or a parenting programme or mediation

MAINTENANCE
Is a co-habiting partner who has acted in loco parentis and is a guardian liable for maintenance?
Maintenance for the dependent child of civil partners including where the child is the child of only one of the civil partners

ADOPTION
Brief review of the provisions and Adoption (Amendment) Bill 2016

Criminal Law: A Review of Recent Case Law:
Seamus Cassidy, Office of the Director of Public Prosecution


This section of the seminar will cover all the important criminal law decisions which were delivered by the Supreme Court, Court of Appeal (Civil & Criminal) and High Court in 2016. While the focus of the presentation will be aimed at District Court practice and procedure, the paper will include case law on the following topics:
  • access to legal advice, bail hearings, criminal judicial review themes
  • search warrants, sentencing law, road traffic law
  • habeas corpus applications, rules of evidence and case law on specific criminal offences.
Conveyancing: A Review of the Requisitions in relation to Planning: 
Suzanne Bainton, Liston & Co. Solicitors
  • Importance of the pre-contract planning search
  • “Withering permissions“: applicable levy
  • The expanded range of designated areas under the Planning Acts
    What further information is sought in the Requisitions in relation to unauthorised developments?
  • Does the Requisition in relation to “particulars of any application for permission” include particulars of any retention permission?
  • Agreements pursuant to section 47 of the Planning Act 2000
  • Statements of compensation
  • The Building Control Acts 1990 and subsequent amendments
  • Once-off houses and the Building Regulations 2014 
Conveyancing: Land Registry: 
John Murphy, Deputy Registrar, Property Registration Authority
  • Compulsory Registration update
  • Use of forms 1/2/3
  • PRA requirements for first registration
  • Registration of appurtenant easements, particularly rights of way acquired by prescription
  • Common queries arising on first registration
  • When is it appropriate to obtain a Revenue Clearance Certificate CA12?
Practical Probate: Recent Case Law: Traps for the Unwary: 
Mark Tottenham B.L., Law Library
  • Claims against the estate of the deceased and the two year limitation period in section 9 of the Civil Liability Act 1961: Can a cause of action accrue without demand being made and thus be regarded as subsisting at the date of death and subject to the limitation period provided for in section 9?: Allied Irish Bank V Pollock
  • Testamentary Capacity: A legal or a medical test?: Laaser V Earls
  • Non- Revocation of an Irish will and four codicils by a subsequent home-made will made in England: Admissibility of extrinsic evidence to “fully understand and construe the testamentary intentions of the testator”: In the Estate of William Joseph Courtney
  • What principles are applied by a court in construing a will where there is a disputed bequest? Mullen V Mullen
  • "Negligence and Breach of duty of an executor in administering an estate: Can an executor be held liable for any devaluation in the lands bequeathed to beneficiaries under a will? Shaughnessy V Shaughnessy
  • The inter-relationship between section 50 of the Succession Act, 1965 and the fiduciary duties of personal representatives: What is the extent of the protection for personal representatives in section 50 and when can this be ousted? : Doyle V White
  • Drafting a will which contains a “provisional or limiting clause”: traps for the unwary:
    Corrigan V Corrigan
  • Where a bequest consists of a fee simple which is “to be automatically determined by the happening of a certain event” must that event be ascertainable from the beginning, precisely and distinctly”? What happens if it is not? : Corrigan V Corrigan