TRINITY COLLEGE DUBLIN SCHOOL OF LAWCOLÁISTE NA TRÍONÓIDE, BAILE ÁTHA CLIATH SCOIL AN DLÍ

CPD CONFERENCES AND EVENTS: JUNE-JULY 2012

THE UNIVERSITY OF DUBLIN

SATURDAY, 23 JUNE 2012

SATURDAY, 30 JUNE 2012

SATURDAY, 7 JULY 2012

WEDNESDAY, 27 JUNE 2012

PROFESSIONAL NEGLIGENCE LITIGATIONThe Davis Theatre, Arts Building, Trinity College Dublin

PAGE 3CPD POINTS /HOURS: 3.5

EMPLOYMENT LITIGATION: in association with ARTHUR COXThe Emmet Theatre, Arts Building, Trinity College Dublin

CPD POINTS /HOURS: 3.5 PAGE 1

DAMAGES IN TORT LITIGATION: RECENT DEVELOPMENTSThe Davis Theatre, Arts Building, Trinity College Dublin CPD POINTS /HOURS: 3.5 PAGE 5

INFORMATION / RESERVATIONS / FEES ACCOMMODATION / CONTACTS PAGE 7

PAGE 8LECTURE: in association with the Irish Jurisprudence Society‘THE RESPONSIBILITIES AND RIGHTS OF CORPORATIONS’ by Philip PettitThe Davis Theatre, Arts Building, Trinity College Dublin

Professional negligence claims have recently

come before the courts at an unprecedented

rate. Important decisions have been handed

down on key issues. The Law School of Trinity

College Dublin is holding a morning

conference on Saturday, 23 June to address

these issues. It will cover all the key decisions

over the past two years on medical negligence

claims and claims for professional negligence

(and related matters) against solicitors and

accountants. It will also consider the present

uncertainty of barristers so far as potential

negligence liability is concerned.

What issues were decided in KBC BankIreland plc v BCM Hanby Wallace (aFirm) [2012] IEHC 120?Why did Quirke J dismiss a claim forobstetric negligence in Laycock vGaughran [2011] IEHC 52?Why did Charleton J in H.M. v HealthExecutive-North Eastern Area [2011]IEHC 339 hold that the failure to keep amaternity unit up to date withguidelines incorporating “importantthinking in medical science” relating tocommonly occurring injury was a faultin hospital management rather than ofan individual doctor?What new light was cast by Irvine J inCorrigan v Health Service Executive[2011] IEHC 305 on the duty of care ofnurses to their patients?On what principles did Ryan J distributecontribution between a hospital, ageneral practitioner and public sectornurses in a claim by a child whosuffered brain damage, in Keane vHealth Service Executive [2011] IEHC213?Why was a doctor held to have failed tomake a diagnosis in English v SouthEastern Health Board [2011] IEHC362?

What important issues regarding asolicitor’s obligations in regard torequisitions on title arose in Kelleher vO’Connor [2010] IEHC 313?What were the issues affectingsolicitors’ professional practice and howwere they resolved by Clarke J, in ACCBank plc v Brian Johnston & Co. [2010]4 IR605, ACC Bank Plc v Johnston[2011] IEHC 108 and ACC Bank Plc vJohnston [2011] IEHC 501?What principles regarding solicitors’undertakings emerge from Bank ofIreland Mortgage Bank v Coleman[2009] 3 IR 699, Danske Bank A/Strading as National Bank vO’Ceallaigh [2011] IEHC 216?Why was the plaintiff’s claim inMcMullen v Kennedy [2012] IEHC 28dismissed?In what circumstances may barristersbe sued for negligence in Ireland?How has the Caparo test been appliedin Ireland in negligence claims involvingeconomic loss?In Garvey v Barr [2011] IEHC 461, howdid O’Neill J resolve the question as towhether a doctor had been negligent incertifying that his patient was fit todrive?

PROFESSIONAL NEGLIGENCELITIGATION

AMONG THE QUESTIONS TO BE ADDRESSED ARE THE FOLLOWING:

William Binchy is Regius Professor of Lawsat Trinity College. He is co-author of books ontorts and co-editor of The Annual Review ofIrish Law, and the Quarterly Review of TortLaw. Dr. Neville Cox is a practising barrister,Associate Professor and a Fellow of TrinityCollege Dublin. He is author of, amongst otherbooks, Defamation Law (2008), and co-author of Employment Law in Ireland(2009). He is Director of the Master of Lawsdegree programmes at Trinity.Dr. Ciaran Craven is a practising barrister.He lectures in Medical Law on the LL.M.degree programme at Trinity College Dublin.He is the co-editor (with William Binchy) ofMedical Negligence Litigation: EmergingIssues and The Civil Liability and Courts Act2004: Implications for Personal InjuryLitigation and co-author of Psychiatry andthe Law (2nd ed., 2010). He is co-editor ofthe Quarterly Review of Tort Law.Niall O’Hanlon, is a practising barrister, aFellow of the Institute of CharteredAccountants in Ireland and an Associate ofthe Irish Taxation Institute. He lectures onTrinity College Dublin’s LL.B. and LL.M.programmes.Ray Ryan Ray Ryan, LL.B., LL.M. is apractising barrister. He studied law at TrinityCollege Dublin, Osgoode Hall Law School,Toronto and The Honorable Society of King'sInns. He has lectured in tort law. His areas ofpractice include general common law,intellectual property and defamation. He is aco-author of Evidentiary Foundations andhas published a number of articles in legalperiodicals.

SPEAKERS:

Venue: The Davis Theatre, Arts Building, Trinity College DublinDate: Saturday, 23 June 2012

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9:00 Registration9:30 Solicitors, Negligence Claims and Undertakings: UnravellingLiability in the Courts Dr. Ciaran Craven BL10:10 The Statute of Limitations and Professional Negligence Claims Ray Ryan BL10:40 Tea and Coffee Break11:00 Vicarious and Direct Liability of Hospital and Healthcare Providers Dr. Neville Cox BL11:40 Barristers’ Liability in Negligence: What is the Present State of theLaw? William Binchy12:20 Negligence Claims Against Accountants, Auditors and FinancialAdvisors Niall O’Hanlon BL1:00 - 1:30 Questions and Discussion

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EMPLOYMENT LAW UPDATE

in association with

This conference offers an excellent opportunity to examine recentand imminent legal changes with acknowledged authorities inemployment law. It will be of relevance not only to legalpractitioners, but to all involved in human resources, recruitmentand dismissal. There will be plenty of opportunities for the exchange ofinformation and the discussion of key issues.

TOPICS TO BE DISCUSSED:* Stress, Bullying and Harassment: Key Lessons from the latestcase law* Temporary Agency Workers: The New Law* Fixed-Term Workers – the Latest Developments* Redundancy and Alternatives to Redundancy* The Employment Injunction: Significant RecentDevelopments* Data Protection in the Workplace: Recent Developments* Reform of the Employment Law Fora: Practical Implications

PROGRAMME: PROFESSIONAL NEGLIGENCE LITIGATIONPROGRAMME: PROFESSIONAL NEGLIGENCE LITIGATION

The Law School of Trinity College Dublin, in conjunction withthe firm of Arthur Cox, is holding a morning conference onSaturday 30 June 2012, entitled Employment Law Update. Theteam of speakers, from Arthur Cox and Trinity College LawSchool, are experts in their areas.

The law in this area has become complex in recent years and itis a challenge to keep up with all the recent legislative andjudicial developments. We are, moreover, currently at a time ofenormous transition in terms of the recently-publishedBlueprint by Minister Richard Bruton TD proposingfundamental changes to the employment law fora.

Venue: The Emmet Theatre, Arts Building, Trinity College Dublin Date: Saturday, 30 June 2012

SPEAKERS: EMPLOYMENT LAW UPDATE

Séamus Given, Partner, Arthur Cox Séamus is a partner and Head of the Employment Law Group. He has over 25 yearsexperience in advising employers, in the private, public and voluntary sectors on allemployment law and industrial relations issues arising from the employer/employeeand employer/trade union relationship. He is consistently recognised as a leadingemployment lawyer in Ireland. Séamus is a CEDR trained mediator. Kevin Langford, Partner, Arthur CoxKevin is a partner in the Employment Law Group with over 15 years experiencerepresenting employers in every aspect of the employment relationship. He offerspractical and pragmatic solutions to clients. Kevin advises corporate clients in a widerange of sectors on all aspects of employment law. His client base includes financialinstitutions, pharmaceutical and healthcare companies, manufacturing anddistribution companies, retail outlets, statutory bodies, Governmental and publicinstitutions, universities, schools and hospitals. He also advises law firms in otherjurisdictions on matters relating to Irish employment law. Kevin also acts incontentious employment law matters for his clients. Rob Corbet Partner, Arthur CoxRob’s practice is focused on technological innovation and, in particular, the protectionand commercialisation of intellectual property. He is ranked as 'Band 1' in Ireland forhis TMT practice by Chambers Europe and a "market leader" by The Legal 500:EMEA. Rob has presented internationally at conferences on ebusiness, dataprotection, betting and gaming and IP law. He provides the expert commentary forthe Data Protection Ireland journal, he is a founding member of the Internet GrowthAlliance and he has been a member of the Irish Internet Association’s Legal WorkingGroup since 2002. Rob is co-author of Technology and IP Law, (2008, TottelPublishing/Law Society of Ireland) and Business Law, (5th Edition, 2012, Oxford/Law Society ofIreland) and the International Privacy Guide - Irish Chapter (2009, West). He is the Co-Chair of theCloud Computing and Virtualisation Committee of the American Bar Association International LawSection (ABA International) and Vice-Chair of the ABA International Committee on Privacy E-Commerceand Data Security. Rob is also member of the firm's Asia-Pacific Group.Dr Mary Redmond, Consultant Arthur CoxMary is a consultant in the Employment Law Group. One of Ireland’s leadingemployment lawyers, she advises many of Ireland’s major companies. Mary hasextensive experience of employment law and industrial relations and was a memberof the Labour Relations Commission during two consecutive terms. She advises awide range of clients on Irish and EU employment law and is the author of DismissalLaw in Ireland (2007) and co-author of Strikes: An Essential Guide to IndustrialAction and the Law (2010). Her non-executive directorships of public and private(including not for profit) companies give her particular insight into the employmentproblems of commercial clients. Mary is a CEDR trained mediator.

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CONFERENCE SPEAKERS: EMPLOYMENT LAW UPDATE

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Elaine Mettler, Associate Arthur CoxElaine is an associate in the Employment Law Group. She was atrainee solicitor in Arthur Cox, starting her traineeship in 2000and qualifying as a solicitor into the Employment Law Group in2003. Elaine advises a wide range of employers, including thosein the commercial, educational, health and voluntary sector,public bodies, private and public limited companies, charitiesand on all matters arising out of the employer/ employeerelationship and employer/trade union relationship. She is aCEDR trained mediator. Dr. Des Ryan, B.L., TCD Law SchoolDes is a practising barrister specialising in Employment Lawand a Lecturer in Employment Law at Trinity College Dublin.Co-author of Employment Law in Ireland (2009), he haspublished widely on Employment Law in a number of journals,including the Irish Employment Law Journal, and is the Co-Editor of the Employment Law Review (First Law) and theEmployment Law correspondent for the Thomson Round HallAnnual Review of Irish Law. He advises on all aspects ofemployment litigation. Dr. Neville Cox B.L., TCD Law SchoolNeville is a practising Barrister and an Associate Professor anda Fellow of Trinity College Dublin. He is author of, amongstother books, Defamation Law (2008), and co-author ofEmployment Law in Ireland (2009). He is Director of theMaster of Laws degree programmes at Trinity.Brian Barry, TCD Law SchoolBrian is a graduate of the TCD Law School where he is currentlya Doctoral Researcher preparing a PhD thesis on EmploymentLaw Dispute Resolution Frameworks. Brian is an ExecutiveBoard Member of the Employment Law Association of Ireland.He delivers the teaching of seminars on the Employment Lawmodule at Trinity College Dublin and has presented on the topicof Employment Dispute Resolution at a range of conferencesand events.

PROGRAMME:

8:45 Registration

9:15 Welcome and Conference Introduction Dr. Mary Redmond

9:30 Fixed-Term Work: Continuing Developments Seamus Given

9:55 The Employment Injunction: Significant RecentDevelopments

Dr. Neville Cox BL

10:20 Temporary Agency Workers: The New Law Elaine Mettler

10:45 Questions and Discussion

11:00 Tea and Coffee Break

11:25 Bullying, Harassment and Stress in the Workplace:Lessons from this year’s case law

Dr. Des Ryan BL

11:50 Data Protection in the Workplace: Recent Developments Rob Corbet

12:15 Redundancy and Alternatives to Redundancy includingPay Reductions

Kevin Langford

12:40 Reform of the Employment Law Fora: PracticalImplications

Brian Barry

12:55 Questions and Answers

1:15 Conference Ends

The right to reschedule and rearrange/substitute lecture(r)s is reserved.

Over the past year there have been highly important developments in relation to damages in tortlitigation. The present economic climate has reshaped the courts’ approach in such areas asprofessional negligence, the changing values of agricultural land in fatal accident claims anddelayed sales in Hedley Byrne-type cases. There have been significant decisions on nervousshock, the Book of Quantum and the future accommodation needs of seriously injured plaintiffs.New remedies under the Defamation Act 2009 have also been tested in the courts.Practitioners need to have access to all of these recent developments. The conferenceorganised by the School of Law of Trinity College Dublin on Saturday, 7 July 2012addresses all of the new issues.The team of lecturers has particular expertise in tort law. The conference will be chaired by theHonorable Justice Bryan McMahon.

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DAMAGES IN TORT LITIGATION 2012: DAMAGES IN TORT LITIGATION 2012: ALL THE RECENT DEVELOPMENTSALL THE RECENT DEVELOPMENTS

DAMAGES IN TORT LITIGATION 2012: ALL THE RECENT DEVELOPMENTS

How did Peart J dispose of a claim by a solicitor for aninterlocutory injunction against alleged defamation throughthe internet in Tansey v Gill [2012] IEHC 42?How did Cross J address the issue of damages in a claim forbullying and harassment in Kelly v Bon Secours HealthSystem Ltd [2012] IEHC 21?How did O’Neill J deal with the phenomenon of changingvalues of agricutural land in fatal accidents claims in Davorenv HSE [2011] IEHC 460?What approach towards determining damages in a “notransaction” case involving professional negligence did ClarkeJ favour in ACC Bank plc v Johnston t/a Brian Johnston & CoSolicitors [2011] IEHC 502?How did Finlay-Geoghegan J determine the measure ofdamages for fraudulent misrepresentation in KeeganQuarries Ltd v McGuinness [2011] IEHC 453?

What was Irvine J’s attitude to a claim for compensation forvery high levels of stress and anxiety falling short of arecognisable psychiatric injury in Hegarty v Mercy UniversityHospital Cork [2011] IEHC 435?How did Laffoy J deal with the claim for loss of earnings inBates v Minister for Agriculture, Fisheries and Food [2011]IEHC 429?How did the claims for aggravated damages fare inHollybrook (Brighton Road) Management Company Ltd[2011] IEHC 375?How did Ryan J resolve the issue of damages in theprofessional negligence claim in English v South EasternHealth Board [2011] IEHC 362?What use did Charleton J make of the Book of Quantum inH.M. v Health Service Executive - North Eastern Area [2011]IEHC 339?

How did O’Neill J deal with the issues of the costs of legalrepresentation at an inquest in a claim under Part IV of theCivil Liability Act, 1961 in Courtney v Our Lady’s HospitalLtd t/a Our Lady’s Hospital Crumlin [2011] IEHC 226?What principles did O’Neill J apply in Barry v NationalMaternity Hospital [2011] IEHC 225 in relation to the futureaccommodation needs of a seriously injured victim ofnegligence at birth?In Lowry v Smyth [2011] IEHC 22, why did the plaintiff’sclaim for summary relief under section 34 of the DefamationAct 2009 and for relief under section 34 of the Act fail?How did the defence under section 26 of the Civil Liability andCourts Act 2004 fare in Dunleavy v Swan Party Ltd t/a HainRepublic [2011] IEHC 232 and Folan v Ó Corraoin [2011]IEHC 487?

AMONG THE QUESTIONS TO BE ADDRESSED ARE THE FOLLOWING:

DAMAGES IN TORT LITIGATION 2012: ALL THE RECENT DEVELOPMENTS

The Honorable Mr. Justice Bryan McMahon served as a Judge of the Circuit Court and HighCourt from 1999 to 2011. He is co-author of books on torts and European law. Previously hewas Professor of Law at University College Cork and was a partner in the firm of Houlihan andHoulihan in Ennis.William Binchy is Regius Professor of Laws at Trinity College. He is co-author of a Casebookon Torts and co-editor, of The Annual Review of Irish Law, The Civil Liability and Courts Act2004: Implications for Personal Injuries Litigation and the Quarterly Review of Tort Law. Dr. Neville Cox is a practising barrister and an Associate Professor and a Fellow of TrinityCollege Dublin. He is author of, amongst other books, Defamation Law (2008), and co-authorof Employment Law in Ireland (2009). He is Director of the Master of Laws degreeprogrammes at Trinity.Dr. Ciaran Craven is a practising barrister. He lectures in Medical Law on the LL.M. degreeprogramme at Trinity College Dublin. He is the co-editor (with William Binchy) of Medical

Negligence Litigation: Emerging Issues and The Civil Liability and Courts Act 2004:Implications for Personal Injury Litigation and co-author of Psychiatry and the Law (2nded., 2010). He is co-editor of the Quarterly Review of Tort Law.John Healy, is a practising barrister and a specialist in medical negligence. He is the author ofnumerous books including Medical Malpractice Law, published by Round Hall Press, Dublinand Principles of Irish Torts published by Clarus Press.Dr. Des Ryan is a practising barrister specialising in Employment Law and a Lecturer inEmployment Law at Trinity College Dublin. Co-author of Employment Law in Ireland (2009),he has published widely on Employment Law in a number of journals, including the IrishEmployment Law Journal, and is the Co-Editor of the Employment Law Review (First Law)and the Employment Law correspondent for the Thomson Round Hall Annual Review of IrishLaw. He advises on all aspects of employment litigation.

CHAIR AND SPEAKERS:

PROGRAMME:

9:00 Registration9:30 Damages in Professional Negligence Claims Against Lawyers and Doctors: RecentDevelopments Dr. Ciaran Craven BL10:10 Damages and Other Remedies in Defamation Under the New Legislation Dr. Neville Cox BL10:40 Tea and Coffee Break11:00 Economic Loss Claims in Torts: Recent Developments William Binchy11:40 Damages in Claims Against Employers: Recent Developments Dr. Des Ryan BL12:20 Damages in Serious Personal Injuries Claims: Recent Developments John Healy BL1:00 -1:30 Questions and Discussion

Venue: The Davis Theatre, Arts Building, Trinity College DublinDate: Saturday, 7 July 20126

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FURTHER INFORMATION

Please complete the enclosed form and return itto:

CPD ProgrammesSchool of Law, House 39, New Square,Trinity College Dublin 2.Telephone: (01) 896 2772 / 2367Fax: (01) 679 2392Email: lawevent@tcd.ieConference Information is available from:

www.tcd.ie/law/events

CERTIFICATES OF ATTENDANCECPD Certificates of Attendance will be posted todelegates upon completion of the conference.VENUESEach event will take place in the Arts Buildig,Trinity College Dublin. Directions to the venue willbe provided upon receipt of the booking form.

ACCOMMODATIONDuring the summer months Trinity College opensits door to visitors from late May to mid Septemberallowing them the opportunity to soak up theunique atmosphere by staying overnight on thishistoric campus.For information on rates and availability pleasevisit the College Accommodation Office website:www.tcd.ie/accommodation/Visitors/

A. PROFESSIONAL NEGLIGENCE B. DAMAGES IN TORT LITIGATION

150 euro per person (per conference)

Group Rates (Euro): 270 for 2; 380 for 3; 480 for 4 and 560 for 5Reduced Rates (Euro)*: 135Members Rates (Euro)**:Individuals - 110 Associates - 80

Corporate Group Rates: - 210 for 2; 300 for 3; 380 for 4 and 445 for 5.C. EMPLOYMENT LAW UPDATE

200 euro per person

Group Rates: €360 for 2; €510 for 3; €640 for 4 and €750 for 5.Reduced Rates (Euro)*: 180Members Rates (Euro)**:Individuals - 160 Associates - 110

Corporate Group Rates: 285 for 2; 400 for 3;520 for 4 and 600 for 5.* for barristers of five years standing or less and trainee solicitors.** for members of the TCD CPD Conference Programme.Payment Details:All cheques must be made payable to TCD No. 1 Account.Fees inclusive of tea/coffee and lecture materials

If you would like to attend more than one conference reductions*will apply as follows:A + B = 150 + 150 / 10% DISCOUNT = 270 euroA + B = 150 + 200 / 10% DISCOUNT = 315 euroA + B + C = 150 + 150 +200 / 20% DISCOUNT = 400 euro* further reductions are available for members, please ask.

FEES: RESERVATIONS

The right to substitute andrearrange lecture(r)s is

reserved.

Renowned philosopher Philip Pettit is currentlythe Laurance S Rockefeller University Professor ofPolitics and Human Values at PrincetonUniversity. His books include The Common Mind(1996), Republicanism: A Theory of Freedomand Government (1997), A Theory of Freedom(2001), Rules, Reasons and Norms (2002), withJose Luis Marti, A Political Philosophy in PublicLife: Civic Republicanism in Zapatero's Spain(2010), and, with Christian List, Group Agency:The Possibility, Design, and Status of Corporate

Agents (2011). Professor Pettit is from Ballygar, Co Galway and studied at NUI Maynooth andUCD. He has taught philosophy at Universities around the world, includingQUB, UCD, Cambridge University, University of Bradford, and AustralianNational University. He has been awarded several honorary degrees and othertributes such as election to fellow of the American Academy of Arts andSciences and honorary membership of the Royal Irish Academy.It is free to attend and open to all. No advance registration is required.

In addition to public jurisprudence lectures, the Irish Jurisprudence Societyruns biannual workshops series for jurisprudential writing in progress as wellas symposia on jurisprudential themes. See www.irjursoc.org for moredetails.

PUBLIC LECTUREIN ASSOCIATION WITH THE IRISH JURISPRUDENCE SOCIETY

‘THE RESPONSIBILITIES AND RIGHTS OF CORPORATIONS’

By Philip Pettit

on 27 June 2012 at 7:30 pm The Davis Theatre, Arts Building in Trinity College Dublin.

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Over the course of the academic year, the School of Law, Trinity College Dublin organises a number of continued professional development (CPD) events and guestlectures. These CPD events are open to members of the legal profession and other interested parties for a fee*. Becoming a member of the School of Law’s CPD Conference Membership Programme has the following benefits:1. For the duration of the membership (12 months from the date membership is taken out), the Member may avail of a 25% discount off the normal conference fee;2. The Member may attend one free conference per year;**3. Members will receive notification of all guest and special lectures organised by the School of Law, Trinity College Dublin;4. In the event that conference proceedings are available to purchase Members may avail of a 30% discount on price of same.

TRINITy COLLEgE DUBLIN, SCHOOL OF LAw’S CPD CONFERENCE MEMBERSHIP PROgRAMME

Individual Membership: €150This membership is suitable for sole practitioners, Barristers, Senior Counsel andInhouse counsel.Associate Membership: €100This membership is suitable for recently qualified practitioners (who have beenadmitted to the Roll of Solicitors or called to the Bar within the past 5 years) and traineeSolicitors.

Corporate Membership: €400This entitles the Member (a company) to send more than one individual to an event atreduced rates and send two delegates to a conference free of charge for the duration ofthe membership.

SUBSCRIPTION FEES

* The revenue generated from CPD activities is used by the School to fund small group teach-ing and lecturership posts.** Excluding programmes organised by the Centre for Environmental Law and Policy.FURTHER INFORMATION/SUBSCRIPTION FORMS IS AVAILABLE FROM THE CPD OFFICE:SCHOOL OF LAW, House 39, New Square, Trinity College, Dublin 2T: (01) 896 2772; F: (01) 677 0449; E: lawevent@tcd.ie; W: www.tcd.ie/law/events/cpd.php