July 2020 Leagl Update

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July 2020 Leagl Update

The Institute of Legal Research & Standards

 

 

JULY 2020 – ARTICLES & ITEMS OF INTEREST

 

GUIDANCE ON S.150 & MONEYS RECEIVED FROM THIRD PARTIES

In this month’s Law Society Gazette the Legal Services Regulation Act Task Force have advised on the following: –

 

  • Solicitors appointed to provide legal aid under the Criminal Justice (Legal Aid) Act 1962 are not required to provide the client with a section 150 notice.

 

  • Sometimes in private equity or private loan transactions solicitors are frequently asked to facilitate a transaction by receiving, holding or distributing money received not only from the solicitor’s client but also from a third party. Regulation 5(4) of the Solicitors Accounts Regulations 2014 provides that it shall be a breach of the regulation for a solicitor to pay into or hold in a client account moneys other than client moneys.

 

To read the Legal Services Regulation Act Task Force advises see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2020/july-2020-gazette.pdf#page=58

 

DPC STATEMENT OF CJEU JUDGEMENT RE LEVEL OF PROTECTION REGARDING TRANSFERRING DATA FROM EU TO US.

DPC strongly welcomed the judgement from the Court of Justice of the European Union (CJEU).

The judgement firmly endorsed the substance of the concern expressed by the DPC (& by the Irish Court) to the effect that the EU citizens do not enjoy the level of protection demanded by EU Law when their data is transferred to the United States.

It has also ruled that the SCCs transfer mechanism used to transfer data to countries worldwide is in principle valid although it is clear that in practice the application of the SCCs transfer mechanism to transfer of personal data to the US is now questionable.

The DPC said “we look forward to developing a common position with our European colleagues to give meaningful and practical effect to today’s judgement.”

To read this statement in full see https://www.dataprotection.ie/en/news-media/press-releases/dpc-statement-cjeu-decision

 

UK – RENEWING YOUR FIRMS PII DURING THE CORONAVIRUS PANDEMIC – Q&A

The Law Society of England and Wales have put together a list of some of the issues and possible solutions that a legal firm should consider when renewing their firm’s professional indemnity insurance (PII) during the coronavirus pandemic.

 

It asks and answers numerous questions including “How can I make my proposal more attractive to insurers?”and “What concerns have the coronavirus pandemic and lockdown raised for insurers?”

 

Regarding the latter question above it states it is likely insurers will be assessing business continuity and preparedness for any further COVID-19 (or other) disruptions more rigorously and to assure themselves that firms have appropriate monitoring and management systems in place, they may ask for additional details such as:- examples of questions include –

  • When was the business continuity plan last reviewed, and how is it being implemented?
  • Does the firm have adequate processes in place for any such period, such as on peer review, conflict checking, or to adequately action specific guidance and requests from the regulator?
  • Does the firm have adequate systems in place, which are accessible remotely, to make sure no missed deadlines occur, and risks are monitored?

 

To view all the questions posed in this article and the proposed solutions see https://www.lawsociety.org.uk/topics/coronavirus/coronavirus-covid-19-renewing-your-firms-pii

 

RACE DISCRIMINATION

In this month’s Law Society Gazette Katherine McVeigh, Barrister and Cliona Kimber, SC have written an article on race discrimination under the headings in bold below.  The article looks at sections of the Workplace Relations Commission (WRC) 2019 annual report, Equal Status Act 2000-2018, Employment Equality Act 1998-2015, the EU Race Directive and numerous case law.

They discuss vicarious liability and how the EEA makes an employer liable for acts carried out by a person in the course of employment whether or not the employer knew or consented.  They state employers should have policies and practises in place prohibiting race discrimination, emphasis on the workforce that it will not be tolerated and have an effective complaints mechanism.

They speak of service providers duties and how the ESA provides for procurement of discrimination is an offence and that service providers are prohibited from publishing or displaying discriminatory advertisements. Employers also need to ensure they identify, monitor and block discriminatory advertising in its website.

It is a criminal offence for a person to procure or attempt to procure another person to do anything that constitutes discrimination or victimisation.

This article also looks at the meaning of race, discrimination in Irish law, direct and indirect discrimination and objective justification.

To view all of the above in more detail see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2020/july-2020-gazette.pdf#page=27

Also available on our ILRS website and introduced at the beginning of this year is a policy on Equality, Diversity and Inclusion.