Essential Legal Updates 2017 - All your CPD in 2 Days

Friday 8th December 2017

CPD Hours: 
3 Regulatory and 3 Management CPD Hours by Group Study
and 4 online CPD Hours (incl. 1 AML Regulatory CPD Hour) 


The General Data Protection Regulation: 
Be Aware and Prepare: The New Reality for your Practice: 
Anne-Marie Bohan, Partner, Technology and Innovation, Matheson 


The General Data Protection Regulation (the “GDPR”) will come into full force and effect on 25 May 2018. It is unquestionably one of the most important pieces of EU legislation in the digital era. The changes introduced will have fundamental and far –reaching implications for solicitors’ practices. 
The period between now and 25 May 2018 is the de facto transition period, during which it is imperative that you assess your current approach to data protection, undertake a gap analysis between that current approach and the requirements under the GDPR, and implement any changes and improvements which are required to achieve demonstrable compliance with those GDPR requirements. 
The GDPR will introduce much tougher sanctions for breach, with maximum penalties for intentional or negligent breaches of up to EUR 20 million or 4% of an undertaking’s annual worldwide turnover. Accordingly, you will need to consider and understand the implications for your practice. 
This section of the seminar will analyse the principles of the GDPR and their practical application in your practice. It will provide practical guidance on avoiding potential problems and pitfalls. It will also provide you with a checklist of the issues to be considered and addressed to achieve compliance with the GDPR.

Topics covered will include:

  • A consideration of data privacy “by design and by default” and associated security standards
  • How processing can be legitimised, including limitations on the use of consent
  • What accountability means under the GDPR
  • Transparency requirements under the GDPR
  • The additional focus on processing arrangements and records, and additional requirements for processing contracts
  • Restrictions on transfers abroad
  • When privacy impact assessments are required and what that means
  • When a data protection officer will be required
  • The new mandatory breach notification obligations: Is there an obligation to notify
    clients of the breach in “high risk” cases?
  • The extension and clarification of individual rights under the GDPR, including data
    portability and the “right to be forgotten”: Can clients now require your firm to erase personal data about them without undue delay?
  • What problem is this likely to post for practitioners bearing in mind the requirement to retain such records as are necessary for the maintenance of files and your responsibilities to the Law Society, the Revenue Commissioners and your clients? 
  • The enforcement regime and the potential implications of breach of the GDPR
Leading people for Optimum Performance: 
Ashley Hughes, Assistant Professor of Management at the Michael Smurfit Graduate School of Business
  • Leading with authenticity
  • The power of the imperfect leader
  • Employee expectations in today's workplace
  • Pygmalion and the self-fulfilling prophesy
  • How not to be a toxic leader
Financial Management of a Solicitor’s Practice: 
David Rowe, Outsource
  • The components of profitability – How to make them work for your firm
  • Cash flow management: the lifeblood of a firm
  • Pricing: Typical market rates
  • Strategy for different sizes of firm
  • Ingredients in a successful and profitable law firm 
  • The challenges for practices post Brexit
Solicitors Accounts Regulations 2014: What the Obligations Require: 
David Rowe, Outsource
  • The essentials of the Solicitors Accounts Regulations
  • What the Law Society Investigating Accountants look for in routine Inspections
  • Areas where firms frequently fall short on compliance
  • Proposed new Regulations- looking forward
  • Practical tips to make sure that you are fully compliant 
 
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: 
Neil Kidd, 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