UNIVERSITY COLLEGE, CORK COLÁISTE NA HOLLSCOILE, CORCAIGH. Dean s Introduction - PDF

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Law FACULTY OF Dear Alumni and Friends,. The Law Faculty, University College Cork, is an exciting and busy place in We have welcomed a new partner university to the BCL (International) Programme,

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Law FACULTY OF Dear Alumni and Friends,. The Law Faculty, University College Cork, is an exciting and busy place in We have welcomed a new partner university to the BCL (International) Programme, the Beasley School of Law at Temple University, Philadelphia; and we are nearing the end of the first year of the specialist Masters Programme UNIVERSITY COLLEGE, CORK COLÁISTE NA HOLLSCOILE, CORCAIGH newsletter 2004 Dean s Introduction in Criminal Justice. Innovative legal education continues to be a part of our mission at UCC with the expansion of clinical and skills based programmes in the undergraduate law degrees. Staff have been very productive in research as the number of new books, and articles published demonstrate, and research funding has been sourced to support our activities where feasible. The appointment of Professor Steve Hedley to a Research Chair in Law with attached funding promises to bolster the research activity of the Law Faculty still further, and marks the commitment and recognition of the broader university community and the President of UCC to the Law Faculty. Our Liaison Committee members continue to advise us on activities which are of special interest to local practitioners, as well as providing a vital link for our students to the world of practice. A particular initiative this year has been the enhanced Continuing Professional Development programme, which provides a forum for updating of professional education and the exchange of views between practitioners, academics and the policy makers on the law. Our Fundraising Committee, under the stewardship of our Alumni Achievement Award recipient Dr Vincent J.G. Power, continues to promote the Law School Building Project for which a site has now been identified and plans drawn up for fundraising, which is ongoing. Our student body, particularly in our postgraduate programmes, continues to expand, and amongst our students we have PhD students from as far away as Malawi and Namibia, demonstrating that the UCC Law Faculty is now the destination of choice for young researchers pursuing a career in academia. We encourage all our friends and graduates to keep in touch with us, let us know if you wish to become involved in any of our activities, and keep us informed about what you, our alumni, are doing. Beir beannacht, Caroline Fennell UNIVERSITY COLLEGE, CORK COLÁISTE NA hollscoile, CORCAIGH Adjunct Professor Judge Bryan M.E. McMahon, Judge of the Circuit Court, BCL, LLB, LLM, PhD has been appointed an Adjunct Professor in the Faculty of Law. New Staff: Professor Steve Hedley Inside Judge McMahon received his BCL and LLB degrees from UCD and later undertook further postgraduate study at Harvard Law School, having been awarded the Harvard Fellowship. He returned to Ireland in 1967 to take up a post as a Statutory Lecturer in the Law Faculty, UCC. During his time at UCC Judge McMahon went on to become Professor of Law and Head of the Department of Law. In 1987 Judge McMahon joined the law firm of Houlihan and McMahon, Ennis, Co. Clare, as a Senior Partner. While continuing to practise law he simultaneously held a part-time Chair of Law at the National University of Ireland, Galway. In 1999 he was appointed a Judge of the Circuit Court. Judge McMahon has co-authored many legal texts including Law of Torts, co-authored with W. Binchy (Butterworths: 1980, 1989, 3rd Edition 2000), Casebook on Irish Law of Torts, co-authored with W. Binchy, (Butterworths 1983, 2nd Edition 1991), European Community Law in Ireland, co-authored with F. Murphy (Butterworths: 1989). Judge McMahon is also Chair of the Irish Universities Quality Board. Steve Hedley [see P.3] Catherine O Sullivan Catherine O' Sullivan was appointed lecturer in law in 2003 and is a graduate of UCC (BCL 1995, LLM 1996). She is currently completing a D.Jur. at Osgoode Hall Law School, Canada. Her doctoral thesis analyses the legal and societal reaction to a sexually violent female offender. Her main research interests lie in the following areas: Criminal Law; Criminology; Gender and the Law; and Law and Literature. CLASS OF 83: 2 CPD PROGRAMME: 4 STUDENT ACTIVITIES: 8 NEW BOOKS: 9 STAFF ACTIVITIES: 11 1 From the Archives: Top row (left to right) Declan O Connell, Sean O Brien, Mark Boland, Pat Ryan, Jim O Leary, John Twomey, John Olden, Barry Finlay and Frank O Connell Second Row from top (left to right) James McGuill, Ken Murray, John O Sullivan, John Boylan, Pat Enright, Jim Murray, Bill Leahy, Bertie Mehigan, Kevin Crowley, Tom O Sullivan, David O Connor, Ann McCarthy, Emer Foley, Chistine Shinkwin and Mary Walsh. Third Row from top (left to right) Mary O Sullivan, Catherine Forder, Margaret Leahy, Colm O Rourke, Declan Barry, Rory Collins, Seamus Cadogan, Mortimer Kelleher, Nicholas McCay Morrissey, Paul Tuohy, Dan Murphy, Mary Dowling, Mairead Casey, Josephine O Herlihy and Karin O Shea Bottom Row (left to right) Dave Geaney, Paula Ryan, Diane Connolly, Siobhan Ryan, Sandra Hanrahan, Professor Michael Mortell, Professor Tadhg O Ciardha, Professor Edward Ryan, Professor Bryan McMahon, Professor John O Connor, Leo Brannigan, Leonora Doyle, Mary Bradford and Niall Daly. Photo courtesy Examiner Publications. Research Degrees BCL (International) The Law Department has in recent years greatly expanded its research degree programmes. The PhD programme currently has nine students, including candidates from France, Malawi, United States and Namibia, as well as from Ireland and Northern Ireland. The LLM by Research programme is also developing rapidly. This year has seen the inception of a staff/student seminar series designed to foster a shared research culture amongst staff and graduate students. The PhD Degree is ideally completed in three years fulltime (although it can take longer), while the LLM by Research takes one to two years full-time. It is also possible to register for these degrees on a part-time basis. As well as at the start of each academic year, it is possible to begin a research degree in January or April. The normal entry level is a Second Class Honours Grade One Degree in Law. Anyone interested in pursuing an LLM Mode B or a PhD Degree should contact Dr John Mee or Ms Veronica Calnan in the Law Faculty at UCC. Professor Caroline Fennell, Professor Finbarr McCarthy (Temple University), Dr Ursula Kilkelly, Dr Siobhán Mullally and Professor Louis Natali (Temple) pictured when Professors McCarthy and Natali visited UCC in July. The BCL (International) is now in its fourth year. In , the now well-established link with St Louis University was continued with students moving in both directions - two UCC students went to St Louis University, while four SLU students came to study law at UCC. In addition, three UCC students have spent the year at Deusto University in Bilbao. To these links will be added a third prestigious link to the Beasley School of Law at Temple University in Philadelphia in Professor STEVE HEDLEY STEVE HEDLEY was appointed to a new Chair of Law at UCC in September 2003, after 18 years at Cambridge. He graduated from Oxford in 1980, completing a Masters at Cambridge in 1981 and the Bar Finals in London in He has written textbooks on Tort (latest edition 2002) and Restitution (2001), as well as an account of the theory of Restitution (Restitution: Its Division and The University has provided a fund to support advanced research in the Department in connection with Professor Hedley s appointment. It is expected to provide funding for a number of PhD students in the general area of private law. In January, Professor Hedley delivered his inaugural lecture at UCC on the topic The Rise and Rise of Personal Injury Ordering, 2001). He has also co-edited (with Liability: A Temporary Difficulty or a M. Halliwell) a reference work on Restitution, Permanent Crisis? The full text of the lecture compiled two books of statutory materials, and is available at runs a website on restitutionary issues at A shortened version follows. The Rise and Rise of Personal Injury Liability: A Temporary Difficulty or a Permanent Crisis? Complaints at the state of personal injury law are particularly loud at the moment. It is said to be too easy to sue; that fraud or exaggeration of claims is commonplace; that excessive claims are driving up insurance premiums; and that a compo culture is developing and embedding itself in Irish society. There is certainly something in the complaints, though it is not easy to say just how much. Certainly insurance premiums have grown greatly in recent years, though blaming all of this rise on the legal system is over-simplistic. Fraud certainly exists it always has and it always will but vigorous steps are already being taken to counter it. And whether Ireland has a compo culture is a matter in the eye of the beholder. A more fundamental question is whether the basic idea behind compensation law that someone who is injured by another s fault can sue that other is a fundamentally good policy or not. If it is good, then much of what is being complained about is simply inevitable and whatever system is in place will be abused to some extent. If it is wrong, then we need to ask, what would be a preferable system? One possibility is simply to abolish civil liability for personal injury to say that careless infliction of injury on another would not lead to legal action. But while some theoreticians support this, it is hard to see that it would be fair. Would the public really accept that the blameless victim of serious negligence should receive no more than someone whose injuries were entirely their own fault? Indignation at fraudulent claims has not yet grown so great as to deprive all comers of a remedy, no matter how genuine. A second possibility is a state-run no-fault scheme, such as is in place in New Zealand. Under that sort of system, the victim of any accident at all is entitled to certain specified benefits. There is no need to prove that any other individual was at fault. The scheme is funded through targeted taxes and levies: drivers, employers and public bodies do not need liability insurance, but instead are made to contribute to the accident fund. Is a no-fault scheme better or worse than the system currently employed in Ireland? It is certainly more efficient: a significantly higher proportion of its funds end up with accident victims, rather than being swallowed up in legal fees or administrative costs. But it is not trouble-free either: there have been numerous crises in New Zealand over funding, which have resulted in a L-R: Professor Steve Hedley, Councillor Deirdre Clune, Professor Gerard reduction of the benefits Wrixon, President, UCC and Professor Caroline Fennell, pictured at available. Neither Professor Hedley s Inaugural Lecture system is better or worse than the other they simply either by discouraging claims altogether or by have different objectives. An Irish-type system encouraging claimants to settle the matter quickly. identifies those who are injured by the fault of another, and awards them relatively generous benefits. The second piece of legislation, which is already on A New Zealand-type system awards benefits to the statute book, establishes a new Personal Injuries all who have been injured, no matter whether a Assessment Board. In cases where liability is admitted, wrongdoer can be identified but necessarily the it will become the norm to submit the claim to benefits must be lower. Both systems have recurrent the Board, which will calculate an appropriate figure panics when the number of claimants increases. Both of damages, without the need to consult lawyers. worry incessantly about fraudulent claims. The parties will not be bound to accept whatever figure the Board proposes, they will be free to take the So, along with most nations in the developed world, matter to court. But the hope is that the settlement Ireland is sticking with the idea of liability for fault, figures proposed by the Board will be acceptable to but is taking steps to cut back on waste, inefficiencies both sides, who can then end their dispute without and fraud. Much of this is quietly going on without the need for a court hearing. Again, the scheme is the need for public debate; but two important pieces promising in many ways, but it would be wrong to of legislation have been proposed. expect too much from it. It does nothing in a case The first, which the Government have promised but where the defendant is not prepared to admit liability. not yet introduced, is the new Civil Liability and And the Board has no mandate to reduce the Courts Bill. This makes significant changes to legal level of damages: on the contrary, the Board has procedures, to shorten the period within which already expended considerable resources to construct claims can be brought, to streamline pleadings and a Book of Quantum to enable it to award negotiations, to provide for mediation, and to combat precisely what a court would have awarded, neither fraudulent claims. The effect of all of this is more nor less. uncertain. The governing idea is that the legal procedures involved in personal injury actions For a nation like Ireland, that has decided not to are not being followed in an efficient way, and that abolish compensation for personal injury, it will more control from the centre will lead to greater efficiency. always be necessary to keep the system under But even to the extent that this is so and it review, and to act when fraud or inefficiency seem is not clear what that extent is the efficiency gains temporarily to have got the upper hand. The new are likely to be limited. Significant savings will not be legislation is a good first move; but it is unlikely to be made by running the same number of actions more enough even for the immediate future. Further steps speedily, but only by reducing the number of actions, will be needed. 3 Continuing Professional Development Programme The Law Faculty has hosted a number of successful events for legal practitioners and other professionals, since the introduction of the Continuing Professional Development programme. The income generated from CPD activities will be used to part-finance the new Law School Building and other developments in the Faculty. Delegates at the Law Faculty s Schools, Education and Law conference Almost 200 school principals, teachers, board of management members, and legal practitioners attended the Schools, Education and Law conference in September The conference raised awareness of developments in the areas of Negligence, Liability, Bullying and Harassment, Duty of Care and recent legislation relevant to education. Speakers with experience and expertise in education law, school policy development and children s rights considered the implications of these developments for schools. The Faculty held an afternoon seminar entitled Division of Family Property: Married & Unmarried Couples, in December Chaired by Mr Frank Martin, the seminar considered the rights of parties and the attitude of the courts to the division of assets amongst married couples and cohabiting couples. Dr John Mee of the Law Faculty addressed the issue of the rights of unmarried couples. Ms Louise Crowley, also of the Law Faculty, spoke on the subject of property rights on marital breakdown, while Marie Baker, BL, specialist in the area of family property law, discussed the practical aspects of both topics, with an emphasis on the marital situation. Frank Martin, UCC and Dr Dympna Glendenning, BL, speakers at the conference on Schools, Education and Law A series of seminars on the European Convention on Human Rights Act commenced in February The first seminar provided an opportunity for legal practitioners to discuss the ECHR Act and its implications, from both an academic and practice viewpoint. Dr Ursula Kilkelly introduced the European Convention on Human Rights, while Professor William Binchy, Trinity College Dublin and member of the Human Rights Commission, offered a practical guide on how the Act is likely to operate. The second seminar introduced the case law of the European Court of Human Rights on family law issues, both public and private, and addressed the practical implications of the Act in a range of areas including care cases, judicial separation, custody and access, and procedural issues. ~ L-R: Frank Martin, Dr John Mee, Marie Baker, BL, Professor Caroline Fennell and Louise Crowley 4 L-R: Dr Ursula Kilkelly, Prof William Binchy and Prof Maeve McDonagh at the first ECHR seminar L-R: Dr Ursula Kilkelly, Rosemary Horgan, Solicitor and Judge David Riordan pictured at the seminar on the ECHR and Family Law ~ In April 2004, the Law and the Environment conference provided a platform for a practical exchange of views and information sharing, by leading experts in the field of environmental law, on the rapidly expanding and increasingly complex rules and regulations relating to environmental protection. The conference brought together almost 150 environmental professionals, legal practitioners, regulators, policy-makers, industry and service sector managers, as well as academics with an interest in environmental law and policy. The conference built on the success of a similar event held in April In May, the Faculty hosted a conference on E Law: Legal Issues in the Electronic Age , covering topics such as selling online, data protection and domain names. Forthcoming events include: Children Act 2001 Saturday 19th June 2004 Schools, Education & the Law 16th October 2004 Full details of all CPD and other faculty events are available at Alumni Dr Vincent Power Dr Vincent Power was the Law Faculty recipient of this year's Alumni Achievement Award. Dr Power is head of the A&L Goodbody Solicitors EU, Competition and Regulatory Law Unit, and a partner practising EU, competition/anti-trust, regulatory and transport law. Vincent holds a BCL (UCC, 1984) as well as an LLM and PhD (University of Cambridge where he was an Evan Lewis Thomas Law Student). He lectured in UCC ( ) and the Smurfit Graduate School of Business ( ). He is a visiting Professor of EU Business Law at the Netherlands Business School at the University of Nyenrode. Vincent regularly writes on EU, competition and regulatory matters for a wide range of publications. He wrote EU Shipping Law, which won the Albert Lilar Prize from the Comité Maritime International for the leading work on maritime law published in any language in the world during the previous five years; Competition Law and Practice which is widely regarded as the definitive book on Irish Competition Law and European Law; and is the Editor of Setup a Business. He has also co-written three other books on European and Competition Law. Mary Bradford On completing her UCC BCL degree in 1983, where she was General Secretary of the Law Society, Mary went on to qualify for the Bar at King s Inns in Following this she devilled with Catherine McGuinness for a period before moving to the Tax Department of Deloitte & Touche in 1986, remaining there until June 1990 saw Mary join Guinness Peat Aviation, which was subsequently acquired by the General Electric Company in Mary is now VP & Counsel at GE Capital Aviation Services (GECAS). GECAS is a leading provider of fleet, financing and productivity solutions to the global aviation industry. Headquartered in Stamford, Connecticut, USA, its in-house legal department is the largest of its kind, consisting of 14 full time lawyers between the Stamford, Miami, Hong Kong and Shannon offices. Liam Shanahan Liam Shanahan was born in Colombia and educated in Blackrock College, Dublin. He received his BCL degree from UCC in He then completed a trilingual MBA at the European School of Management in He established Shanahan Engineering in 1989 and received the prestigious Entrepreneur of the Year Award in Shanahan Engineering provides Project & Construction Management, Operation & Maintenance and T
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