PROFESSIONAL NEGLIGENCE LITIGATION

AMONG THE QUESTIONS TO BE ADDRESSED ARE THE FOLLOWING: SPEAKERS: PROFESSIONAL NEGLIGENCE LITIGATION 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 Bank Ireland plc v BCM Hanby Wallace (a Firm) [2012] IEHC 120? Why did Quirke J dismiss a claim for obstetric negligence in Laycock v Gaughran [2011] IEHC 52? Why did Charleton J in H.M. v Health Executive-North Eastern Area [2011] IEHC 339 hold that the failure to keep a maternity unit up to date with guidelines incorporating important thinking in medical science relating to commonly occurring injury was a fault in hospital management rather than of an individual doctor? What new light was cast by Irvine J in Corrigan v Health Service Executive [2011] IEHC 305 on the duty of care of nurses to their patients? On what principles did Ryan J distribute contribution between a hospital, a general practitioner and public sector nurses in a claim by a child who suffered brain damage, in Keane v Health Service Executive [2011] IEHC 213? Why was a doctor held to have failed to make a diagnosis in English v South Eastern Health Board [2011] IEHC 362? What important issues regarding a solicitor s obligations in regard to requisitions on title arose in Kelleher v O Connor [2010] IEHC 313? What were the issues affecting solicitors professional practice and how were they resolved by Clarke J, in ACC Bank plc v Brian Johnston & Co. [2010] 4 IR605, ACC Bank Plc v Johnston [2011] IEHC 108 and ACC Bank Plc v Johnston [2011] IEHC 501? What principles regarding solicitors undertakings emerge from Bank of Ireland Mortgage Bank v Coleman [2009] 3 IR 699, Danske Bank A/S trading as National Bank v O Ceallaigh [2011] IEHC 216? Why was the plaintiff s claim in McMullen v Kennedy [2012] IEHC 28 dismissed? In what circumstances may barristers be sued for negligence in Ireland? How has the Caparo test been applied in Ireland in negligence claims involving economic loss? In Garvey v Barr [2011] IEHC 461, how did O Neill J resolve the question as to whether a doctor had been negligent in certifying that his patient was fit to drive? Venue: The Davis Theatre, Arts Building, Trinity College Dublin Date: Saturday, 23 June 2012 William Binchy is Regius Professor of Laws at Trinity College. He is co-author of books on torts and co-editor of The Annual Review of Irish Law, and the Quarterly Review of Tort Law. Dr. Neville Cox is a practising barrister, Associate Professor and a Fellow of Trinity College Dublin. He is author of, amongst other books, Defamation Law (2008), and coauthor of Employment Law in Ireland (2009). He is Director of the Master of Laws degree 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) 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 (2nd ed., 2010). He is co-editor of the Quarterly Review of Tort Law. Niall O Hanlon, is a practising barrister, a Fellow of the Institute of Chartered Accountants in Ireland and an Associate of the Irish Taxation Institute. He lectures on Trinity College Dublin s LL.B. and LL.M. programmes. Ray Ryan Ray Ryan, LL.B., LL.M. is a practising barrister. He studied law at Trinity College Dublin, Osgoode Hall Law School, Toronto and The Honorable Society of King's Inns. He has lectured in tort law. His areas of practice include general common law, intellectual property and defamation. He is a co-author of Evidentiary Foundations and has published a number of articles in legal periodicals. 1

EMPLOYMENT LAW UPDATE in association with The Law School of Trinity College Dublin, in conjunction with the firm of Arthur Cox, is holding a morning conference on Saturday 30 June 2012, entitled Employment Law Update. The team of speakers, from Arthur Cox and Trinity College Law School, are experts in their areas. PROGRAMME: PROFESSIONAL NEGLIGENCE LITIGATION The law in this area has become complex in recent years and it is a challenge to keep up with all the recent legislative and judicial developments. We are, moreover, currently at a time of enormous transition in terms of the recently-published Blueprint by Minister Richard Bruton TD proposing fundamental changes to the employment law fora. 9:00 Registration 9:30 Solicitors, Negligence Claims and Undertakings: Unravelling Liability in the Courts Dr. Ciaran Craven BL This conference offers an excellent opportunity to examine recent and imminent legal changes with acknowledged authorities in employment law. It will be of relevance not only to legal practitioners, but to all involved in human resources, recruitment and dismissal. 10:10 The Statute of Limitations and Professional Negligence Claims Ray Ryan BL 10:40 Tea and Coffee Break There will be plenty of opportunities for the exchange of information and the discussion of key issues. TOPICS TO BE DISCUSSED: 11:00 11:40 Vicarious and Direct Liability of Hospital and Healthcare Providers Barristers Liability in Negligence: What is the Present State of the Law? 12:20 Negligence Claims Against Accountants, Auditors and Financial Advisors 1:00-1:30 Questions and Discussion Dr. Neville Cox BL William Binchy Niall O Hanlon BL * Stress, Bullying and Harassment: Key Lessons from the latest case law * Temporary Agency Workers: The New Law * Fixed-Term Workers the Latest Developments * Redundancy and Alternatives to Redundancy * The Employment Injunction: Significant Recent Developments * Data Protection in the Workplace: Recent Developments * Reform of the Employment Law Fora: Practical Implications 2 Venue: The Emmet Theatre, Arts Building, Trinity College Dublin Date: Saturday, 30 June 2012

Séamus Given, Partner, Arthur Cox Séamus is a partner and Head of the Employment Law Group. He has over 25 years experience in advising employers, in the private, public and voluntary sectors on all employment law and industrial relations issues arising from the employer/employee and employer/trade union relationship. He is consistently recognised as a leading employment lawyer in Ireland. Séamus is a CEDR trained mediator. Kevin Langford, Partner, Arthur Cox Kevin is a partner in the Employment Law Group with over 15 years experience representing employers in every aspect of the employment relationship. He offers practical and pragmatic solutions to clients. Kevin advises corporate clients in a wide range of sectors on all aspects of employment law. His client base includes financial institutions, pharmaceutical and healthcare companies, manufacturing and distribution companies, retail outlets, statutory bodies, Governmental and public institutions, universities, schools and hospitals. He also advises law firms in other jurisdictions on matters relating to Irish employment law. Kevin also acts in contentious employment law matters for his clients. Rob Corbet Partner, Arthur Cox Rob s practice is focused on technological innovation and, in particular, the protection and commercialisation of intellectual property. He is ranked as 'Band 1' in Ireland for his TMT practice by Chambers Europe and a "market leader" by The Legal 500: EMEA. Rob has presented internationally at conferences on ebusiness, data protection, betting and gaming and IP law. He provides the expert commentary for the Data Protection Ireland journal, he is a founding member of the Internet Growth Alliance and he has been a member of the Irish Internet Association s Legal Working Group since 2002. Rob is co-author of Technology and IP Law, (2008, Tottel Publishing/Law Society of Ireland) and Business Law, (5th Edition, 2012, Oxford/Law Society of Ireland) and the International Privacy Guide - Irish Chapter (2009, West). He is the Co-Chair of the Cloud Computing and Virtualisation Committee of the American Bar Association International Law Section (ABA International) and Vice-Chair of the ABA International Committee on Privacy E-Commerce and Data Security. Rob is also member of the firm's Asia-Pacific Group. SPEAKERS: EMPLOYMENT LAW UPDATE Dr Mary Redmond, Consultant Arthur Cox Mary is a consultant in the Employment Law Group. One of Ireland s leading employment lawyers, she advises many of Ireland s major companies. Mary has extensive experience of employment law and industrial relations and was a member of the Labour Relations Commission during two consecutive terms. She advises a wide range of clients on Irish and EU employment law and is the author of Dismissal Law in Ireland (2007) and co-author of Strikes: An Essential Guide to Industrial Action and the Law (2010). Her non-executive directorships of public and private (including not for profit) companies give her particular insight into the employment problems of commercial clients. Mary is a CEDR trained mediator. 3

CONFERENCE SPEAKERS: EMPLOYMENT LAW UPDATE Elaine Mettler, Associate Arthur Cox Elaine is an associate in the Employment Law Group. She was a trainee solicitor in Arthur Cox, starting her traineeship in 2000 and qualifying as a solicitor into the Employment Law Group in 2003. Elaine advises a wide range of employers, including those in the commercial, educational, health and voluntary sector, public bodies, private and public limited companies, charities and on all matters arising out of the employer/ employee relationship and employer/trade union relationship. She is a CEDR trained mediator. Dr. Des Ryan, B.L., TCD Law School Des is a practising barrister specialising in Employment Law and a Lecturer in Employment 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 Irish Employment 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 Irish Law. He advises on all aspects of employment litigation. Dr. Neville Cox B.L., TCD Law School Neville is a practising Barrister and an Associate Professor and a Fellow of Trinity College Dublin. He is author of, amongst other books, Defamation Law (2008), and co-author of Employment Law in Ireland (2009). He is Director of the Master of Laws degree programmes at Trinity. 8:45 Registration PROGRAMME: 9:15 Welcome and Conference Introduction Dr. Mary Redmond 9:30 Fixed-Term Work: Continuing Developments Seamus Given 9:55 The Employment Injunction: Significant Recent Developments 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 including Pay Reductions Kevin Langford 12:40 Reform of the Employment Law Fora: Practical Implications Brian Barry Brian Barry, TCD Law School Brian is a graduate of the TCD Law School where he is currently a Doctoral Researcher preparing a PhD thesis on Employment Law Dispute Resolution Frameworks. Brian is an Executive Board Member of the Employment Law Association of Ireland. He delivers the teaching of seminars on the Employment Law module at Trinity College Dublin and has presented on the topic of Employment Dispute Resolution at a range of conferences and events. 12:55 Questions and Answers 1:15 Conference Ends The right to reschedule and rearrange/substitute lecture(r)s is reserved. 4

DAMAGES IN TORT LITIGATION 2012: ALL THE RECENT DEVELOPMENTS Over the past year there have been highly important developments in relation to damages in tort litigation. The present economic climate has reshaped the courts approach in such areas as professional negligence, the changing values of agricultural land in fatal accident claims and delayed sales in Hedley Byrne-type cases. There have been significant decisions on nervous shock, 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 conference organised by the School of Law of Trinity College Dublin on Saturday, 7 July 2012 addresses all of the new issues. The team of lecturers has particular expertise in tort law. The conference will be chaired by the Honorable Justice Bryan McMahon. DAMAGES IN TORT LITIGATION 2012: ALL THE RECENT DEVELOPMENTS AMONG THE QUESTIONS TO BE ADDRESSED ARE THE FOLLOWING: How did Peart J dispose of a claim by a solicitor for an interlocutory injunction against alleged defamation through the internet in Tansey v Gill [2012] IEHC 42? How did Cross J address the issue of damages in a claim for bullying and harassment in Kelly v Bon Secours Health System Ltd [2012] IEHC 21? How did O Neill J deal with the phenomenon of changing values of agricutural land in fatal accidents claims in Davoren v HSE [2011] IEHC 460? What approach towards determining damages in a no transaction case involving professional negligence did Clarke J favour in ACC Bank plc v Johnston t/a Brian Johnston & Co Solicitors [2011] IEHC 502? How did Finlay-Geoghegan J determine the measure of damages for fraudulent misrepresentation in Keegan Quarries Ltd v McGuinness [2011] IEHC 453? What was Irvine J s attitude to a claim for compensation for very high levels of stress and anxiety falling short of a recognisable psychiatric injury in Hegarty v Mercy University Hospital Cork [2011] IEHC 435? How did Laffoy J deal with the claim for loss of earnings in Bates v Minister for Agriculture, Fisheries and Food [2011] IEHC 429? How did the claims for aggravated damages fare in Hollybrook (Brighton Road) Management Company Ltd [2011] IEHC 375? How did Ryan J resolve the issue of damages in the professional negligence claim in English v South Eastern Health Board [2011] IEHC 362? What use did Charleton J make of the Book of Quantum in H.M. v Health Service Executive - North Eastern Area [2011] IEHC 339? How did O Neill J deal with the issues of the costs of legal representation at an inquest in a claim under Part IV of the Civil Liability Act, 1961 in Courtney v Our Lady s Hospital Ltd t/a Our Lady s Hospital Crumlin [2011] IEHC 226? What principles did O Neill J apply in Barry v National Maternity Hospital [2011] IEHC 225 in relation to the future accommodation needs of a seriously injured victim of negligence at birth? In Lowry v Smyth [2011] IEHC 22, why did the plaintiff s claim for summary relief under section 34 of the Defamation Act 2009 and for relief under section 34 of the Act fail? How did the defence under section 26 of the Civil Liability and Courts Act 2004 fare in Dunleavy v Swan Party Ltd t/a Hain Republic [2011] IEHC 232 and Folan v Ó Corraoin [2011] IEHC 487? 5

PROGRAMME: 9:00 Registration 9:30 Damages in Professional Negligence Claims Against Lawyers and Doctors: Recent Developments Dr. Ciaran Craven BL 10:10 Damages and Other Remedies in Defamation Under the New Legislation Dr. Neville Cox BL 10:40 Tea and Coffee Break 11:00 Economic Loss Claims in Torts: Recent Developments William Binchy 11:40 Damages in Claims Against Employers: Recent Developments Dr. Des Ryan BL 12:20 Damages in Serious Personal Injuries Claims: Recent Developments John Healy BL DAMAGES IN TORT LITIGATION 2012: ALL THE RECENT DEVELOPMENTS 1:00-1:30 Questions and Discussion CHAIR AND SPEAKERS: The Honorable Mr. Justice Bryan McMahon served as a Judge of the Circuit Court and High Court from 1999 to 2011. He is co-author of books on torts and European law. Previously he was Professor of Law at University College Cork and was a partner in the firm of Houlihan and Houlihan in Ennis. William Binchy is Regius Professor of Laws at Trinity College. He is co-author of a Casebook on Torts and co-editor, of The Annual Review of Irish Law, The Civil Liability and Courts Act 2004: 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 Trinity College Dublin. He is author of, amongst other books, Defamation Law (2008), and co-author of Employment Law in Ireland (2009). He is Director of the Master of Laws degree 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) of Medical 6 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 (2nd ed., 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 of numerous books including Medical Malpractice Law, published by Round Hall Press, Dublin and Principles of Irish Torts published by Clarus Press. Dr. Des Ryan is a practising barrister specialising in Employment Law and a Lecturer in Employment 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 Irish Employment 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 Irish Law. He advises on all aspects of employment litigation. Venue: The Davis Theatre, Arts Building, Trinity College Dublin Date: Saturday, 7 July 2012

FEES: RESERVATIONS FURTHER INFORMATION The right to substitute and rearrange lecture(r)s is reserved. 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 5 Reduced Rates (Euro)*: 135 Members Rates (Euro)**: Individuals - 110 Associates - 80 Corporate Group Rates: - 210 for 2; 300 for 3; 380 for 4 and 445 for 5. 200 euro per person C. EMPLOYMENT LAW UPDATE Group Rates: 360 for 2; 510 for 3; 640 for 4 and 750 for 5. Reduced Rates (Euro)*: 180 Members 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 euro A + B = 150 + 200 / 10% DISCOUNT = 315 euro A + B + C = 150 + 150 +200 / 20% DISCOUNT = 400 euro Please complete the enclosed form and return it to: CPD Programmes School of Law, House 39, New Square, Trinity College Dublin 2. Telephone: (01) 896 2772 / 2367 Fax: (01) 679 2392 Email: lawevent@tcd.ie Conference Information is available from: www.tcd.ie/law/events CERTIFICATES OF ATTENDANCE CPD Certificates of Attendance will be posted to delegates upon completion of the conference. VENUES Each event will take place in the Arts Buildig, Trinity College Dublin. Directions to the venue will be provided upon receipt of the booking form. ACCOMMODATION During the summer months Trinity College opens its door to visitors from late May to mid September allowing them the opportunity to soak up the unique atmosphere by staying overnight on this historic campus. For information on rates and availability please visit the College Accommodation Office website: www.tcd.ie/accommodation/visitors/ * further reductions are available for members, please ask. 7

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. PUBLIC LECTURE IN ASSOCIATION WITH THE IRISH JURISPRUDENCE SOCIETY Renowned philosopher Philip Pettit is currently the Laurance S Rockefeller University Professor of Politics and Human Values at Princeton University. His books include The Common Mind (1996), Republicanism: A Theory of Freedom and Government (1997), A Theory of Freedom (2001), Rules, Reasons and Norms (2002), with Jose Luis Marti, A Political Philosophy in Public Life: 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 and UCD. He has taught philosophy at Universities around the world, including QUB, UCD, Cambridge University, University of Bradford, and Australian National University. He has been awarded several honorary degrees and other tributes such as election to fellow of the American Academy of Arts and Sciences 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 Society runs biannual workshops series for jurisprudential writing in progress as well as symposia on jurisprudential themes. See www.irjursoc.org for more details. 8