June Newsletter

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June Newsletter

The Institute of Legal Research & Standards

 

 

JUNE 2019 – ARTICLES & ITEMS OF INTEREST

 

LIMITATION PERIOD IN DEFAMATION CASES

In the Spring Edition of the Parchment Hugh McDowell BL writes a very informative article on how courts deal with extending the statutory limitation period in defamation cases.

The Defamation Act 2009 reduced the limitation period in defamation cases form 6 years to 1 year.  Section 11(2)(c) of the Statute of Limitation Act 1957 (as inserted by Section 38 of the Defamation Act 2009) provides for judicial discretion to extend the limitation period from 1 year to 2 years.

Hugh McDowell’s article sets out the procedural steps required for a Section 11(2)(c) application and looks and analyses the legal principles emerging in several cases in this area.

To view this article in full see https://issuu.com/256media/docs/parchment_spring_2019-flipbook?e=16581915/69459244

 

PRACTICE DIRECTION ON SUMMONS RENEWAL

In the June edition of the Gazette, Mr. Justice Peter Kelly has reminded practitioners about the recently enacted rules in relation to the renewal of a summons.

 

The direction points practitioners to SI 482, Rules of the Superior Courts (Renewal of Summons) 2018, which came into operation in January. The SI makes a number of significant changes to order 8 of the Rules of the Superior Courts:

  • No original summons shall be in force for more than 12 months from the date issued but, if any defendant hasn’t been served, the plaintiff may apply for leave to renew the summons,
  • If the master is satisfied that reasonable efforts have been made to serve such defendant, then the summons may be renewed for three months,
  • When the 12-month period is up an application to renew shall be made to the court.”

 

To read the article in full see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/june-2019-gazette.pdf#page=19

 

DPC PODCAST ON WHAT DOCUMENTATION TO INCLUDE WHEN RAISING A QUERY WITH THE DPC

There is a short three minute podcast available on the Data Protection Commission (DPC) website setting out the documentation to include when you are contacting the DPC with a query such as a subject access request, erasure request, rectification request or when making an electronic direct marketing complaint to the DPC.  The podcast is given by Graham Doyle, Head of Communications.

 

To listen to the podcast see https://www.dataprotection.ie/en/news-media/podcasts/know-your-data-episode-three

 

GDPR – INFOGRAPHIC – ONE YEAR ON

The European Commission has published an Infographic on GDPR looking at awareness, compliance and enforcement of the new rules since their introduction just over a year ago.  It also looks at some of the fines issued under the GDPR by Data Protection Authorities.

To view this infographic see https://ec.europa.eu/commission/sites/beta-political/files/infographic-gdpr_in_numbers_1.pdf

 

MARKETING YOUR FIRM – GAINING CLIENTS THROUGH EFFECTIVE DIGITAL STRATEGIES

In the Spring Edition of the Parchment Guy Fagan outlines effective digital strategies and tools to get closer to your clients.

“Digital Marketing Strategies for You– …. get closer to your client ….. your website should form the core of any digital marketing activities.

Determine your Target Audience– …. the better you know who your clients are the easier it is to attract them and appeal to their needs.

Be the Customer not the Solicitor– …put yourself in their shoes …. what will they type into Google when they are looking for a service that you provide …. use videos … offer a schedule, a call back feature, offer live chat.

Relevant Content– be the expert …. demonstrate the knowledge and experience of your team ….individual team member pages are among the most visited pages on any solicitor website …. blogs, news, publications and insights are a great way to keep your website up to date.

Website Landing Pages– convert site visitors to clients.

Mobile Responsiveness – if your site is not mobile responsive these days you are well behind the curve.

Speed– Slow loading of a webpage will frustrate site visitors …. the generally accepted load time is circa 1.5 seconds or less.

Email Marketing– offer valuable insights, updates on you and your firm and information that the receiver will value …. If you have nothing to say then say nothing rather than devalue your brand.

Google AdWords/PPL– this is an opportunity to become visible to people who are already looking for a solicitor.

Building Trust– Firms are more now than what they say.  They are what they do.”

To view this article in full see https://issuu.com/256media/docs/parchment_spring_2019-flipbook?e=16581915/69459244

 

SOLICITORS ADVERTISING REGULATIONS 2019

The Solicitors Advertising Regulations 2019 (SI 229 of 2019) commenced on the 1 June 2019.  These regulations repeal and replace the Solicitors (Advertising) Regulations 2002 (SI 518 of 2002).

 

To view the regulations in full seehttp://www.irishstatutebook.ie/eli/2019/si/229/made/en/printand there is a note on this in this month’s Gazette see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/june-2019-gazette.pdf#page=28and also https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/june-2019-gazette.pdf#page=65

 

OPENING OF BENEFICIAL OWNERSHIP CENTRAL REGISTER POSTPONED

Last month we stated filing of beneficial ownership with the RBO must be done through an online portal which will open on the RBO website on the 22ndJune.

 

The opening of the Central Register of Beneficial Ownership of Companies and Industrial and Provident Societies has been postponed temporarily.

 

Updates in relation to the above will be provided through the CRO newsletter, RBO website and twitter account, emails to stakeholders and the RBO will contact each company and Industrial and Provident Society individually before the Central Register opens.

 

For further information see https://rbo.gov.ie/and https://www.cro.ie/About-CRO/Contact-Us/Whats-New.

 

REGULATION OF PRACTICE COMMITTEE ISSUE 3 PRACTICE NOTES

The Regulation of Practice Committee have issued 3 practice notes in this month’s edition of the Gazette.  The first relates to “Solicitors Borrowing from Clients”,the second is titled “Loans from One Client to Another Client”and the third relates to “Long Outstanding Balances in situations of a Practice Take Over”.

To read these practice notes in full see https://www.lawsociety.ie/globalassets/documents/gazette/gazette-pdfs/gazette-2019/june-2019-gazette.pdf#page=67