diploma centre - law society of ireland · 3 law society of ireland diploma centre spring 2017...

SPRING 2017

DIPLOMA CENTRE

POSTGRADUATE COURSES WITH PROFESSIONAL FOCUS AND PRACTICAL INSIGHT

SPRING 2017

DIPLOMA CENTRE

Whether you wish to enhance your legal skills or reshape your career, a specialised postgraduate course from the Diploma Centre will give you both real world know-how and a solid grounding in legal principles.

All our courses are delivered by experienced and leading practitioners in an engaging and flexible learning environment with all lectures webcast live, making them ideal for the busy professional and those based around the country.

The Diploma Centre aims to deliver the best professional education programmes to support every stage of your legal career and we look forward to welcoming you to our spring programme.

WELCOME TO THE DIPLOMA CENTRE SPRING PROGRAMME 2017

Diploma in Insurance Law (new) 1

Diploma in Aviation Leasing and Finance 3

Diploma in Technology and IP Law 7

Diploma in International Investment Funds (new) 11

Diploma in Mediator Training (new) 13

Certificate in Data Protection Practice 17

Certificate in Public Procurement 21

Certificate in Juvenile Justice (new) 23

Masters LLM Advanced Legal Practice 25

Diploma in Law 26

Terms and conditions 27

TABLE OF CONTENTS

DIPLOMA COURSES 1

CERTIFICATE COURSES 17

MASTERS LLM ADVANCED LE-GAL PRACTICE 25

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DIPLOMA IN LAAW 26

TERMS AND CONDITIONS 27

CONTACT US

e [email protected] 01 672 4802w www.lawsociety.ie/diplomacentre

mailto:[email protected]

http://www.lawsociety.ie/diplomacentre

1 LAW SOCIETY OF IRELAND DIPLOMA CENTRE SPRING 2017 PROSPECTUS

DIPLOMA IN INSURANCE LAW (NEW)

START DATEThursday 2 February 2017

DELIVERY METHODOnsite Thursdays 6pm – 9pm with lectures webcast online

ASSESSMENTThree-hour closed book written exam, 1 July 2017

FEE€2,400

PROGRAMME OBJECTIVES On completion of this training programme, participants will have:• An understanding of the important legal issues relating to both per-

sonal and commercial insurances; • A knowledge of insurance policy drafting and interpretation;• An in-depth knowledge of personal injury and litigation claims, the

court process, key issues in defending/litigating claims, and the life-cycle of a claim;

• An insight into the insurance regulatory environment;• An ability to recognise when data protection issues arise in an insur-

ance context;• A greater understanding of liability insurance and other insurances

such as construction, marine, and aviation insurance;• An insight into insurance fraud; • Up-to-date knowledge of new emerging insurances such as cyber-risk

insurance.

PROGRAMME STRUCTURE AND APPROACH TO LEARNING Ireland has become a major location for international insurance, with ten of the top twenty largest global insurance companies operating here. Particular strengths of the industry lie in the captive insurance and reinsurance areas. As well as huge growth in the industry, there has also been significant change, particularly in the regulatory environment, with the introduction of Solvency II Directive in 2016.

This diploma will provide participants with an overview of the (re)insurance industry in Ireland and provide comprehensive coverage of all key issues relating to (re)insurance law and the litigation of insur-ance claims. The course will examine insurance concepts and underline the importance of understanding key insurance documentation. It will ensure that participants are aware of the important legal issues relating to both personal and commercial insurances and the legal issues per-taining to claims. Leading experts will consider the main legal liability insurance areas such as public liability, occupier liability, professional indemnity, and employer liability insurance. There will be a detailed examination of the Court process, case management, and alternative dispute resolution. We will offer an insight into key issues such as the reinsurance industry, insurance fraud, the MIBI, legal issues relating to intermediaries, assignments, and liquidations. The effects of new legislation on compliance in the industry will also be analysed – regu-lation (Solvency II Directive) and data protection (the new General Data Protection Regulation). Finally, the applied insurance module will give an overview of aviation, marine, construction, cyber insurance, and other growth areas.

The programme is based on the following module scheme and covers key themes as listed below:

MODULE 1: INTRODUCTION TO INSURANCE• Overview of Irish insurance market• Principles of insurance• The contract of insurance• Key insurance documentation• Insurance policy terms and conditions• Insurance policy drafting and interpretation• Ethics in insurance• Code of conduct


Lectures webcast online

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MODULE 2: INSURANCE CLAIMS• Personal insurance• Commercial insurance• Causation – proximate, sequential, concurrent• Notice, mitigation, limitation• Proof and measurement of loss• Double insurance, contribution

MODULE 3: LIABILITY INSURANCE• Public liability • Occupier liability• Product liability • Professional indemnity • Employer liability• Director and Officers liability• Warranty & indemnity insurance

MODULE 4: LITIGATION IN INSURANCE• PIAB• Court process• Appeals process• Which parties to claim against• Key issues for litigating/defending claims• Awards and costs• Alternative dispute resolution• Overview recent insurance cases• Complaints – Financial Services Ombudsman, Cen-tral Bank MODULE 5: REGULATION OF INSURANCE INDUSTRY• Insurance supervision- Central Bank • Regulation of intermediaries• Solvency II • Consumer Protection Code • Passporting• Enforcement

MODULE 6: DATA PROTECTION • Legitimate processing of data• Retention of data• Personal data and sensitive personal data• Data access requests• Transferring data outside EU/EEA• Use of private investigators• The new General Data Protection Regulation

MODULE 7: REINSURANCE• Reinsurance industry• Types of reinsurance contracts• Express/implied terms• Losses and claims• Proportional and non-proportional treaty


MODULE 8: KEY ISSUES• Intermediaries • Assignments• Insurance fraud• Conflict of law –jurisdictional issues• Establishment/ liquidation issues

MODULE 9: APPLIED INSURANCE• Motor insurance - MIBI• Construction insurance, including single project• Marine insurance• Aviation insurance • Cyber insurance• Legal expenses insurance • After the event insurance • Political risk insurance

WHO SHOULD ATTEND?This course is suitable for: • Solicitors, barristers, and trainees working in or

aspiring to work in litigation or more specifically insurance litigation;

• Solicitors, barristers, and trainees advising on regu-latory insurance issues;

• Insurance professionals seeking to enhance their knowledge of the law relating to insurance, with a view to advancing in the industry such as;

• Practitioners in insurance and reinsurance entities;

• Insurance claims handlers and claims assessors, • Insurance brokers, agents and loss adjustors.

If you are not a qualified solicitor, a barrister, or a train-ee, please apply with a cover letter and CV for approval to attend the course. Such applications are subject to a supplemental fee, which amounts to €200 in respect of a diploma application.

FACULTYLecturers and tutors will be drawn from the leading law firms specialising in insurance law, insurance and reinsurance companies, insurance brokers, captive insurance and intermediaries from Ireland and the UK, and from the Central Bank of Ireland.


DIPLOMA IN AVIATION LEASING AND FINANCE LAW

START DATE9 February 2017

DELIVERY METHODOnsite Thursdays 6pm to 8.30pm with lectures webcast online. There will be onsite workshops on Saturdays

ASSESSMENTThree-hour closed book written exam, 1 July 2017

FEE€2,400

PROGRAMME OBJECTIVES On completion of this training programme, participants will have: • An excellent understanding of the key legal issues pertaining to the

sale and lease of aircraft; • An understanding of the finance structures involved, how to finance

an aviation transaction, and funding available; • A thorough knowledge of the key regulatory issues pertaining to avia-

tion;• A knowledge of the legal issues relating to key aviation matters, such

as engines, maintenance reserves, security, taxation, insurance, re-cords, and repossession;

• A familiarity with the key legal and financial documents and struc-tures in aviation leasing and finance transactions;

• Confidence in dealing with aviation issues that arise in practice – be it from a lender, lessor, lessee, or airline.

PROGRAMME STRUCTURE AND APPROACH TO LEARNING Ireland is internationally recognised as the global hub for aviation leas-ing and finance, with each of the top ten global aircraft lessors enjoying a presence here. Half of the world’s fleet of leased aircraft is owned, leased, or managed in Ireland. The major industry players have been attracted by Ireland’s stable political regime, membership of the EU, favourable time zone, and talented workforce – not to mention our legal and regulatory advantages. In addition, Ireland’s network of over 60 double tax treaties, combined with the absence of withholding tax on aircraft lease rentals and a corporate tax rate of 12.5%, make Ireland a commercially attractive place to set up and run an aircraft leasing company.

This diploma provides comprehensive coverage of the key aspects of the aviation leasing and finance industry. It aims to deliver an in-depth anal-ysis of the core legal and practical issues that parties typically encounter in aircraft leasing and finance transactions. The teaching faculty for this diploma comprises a fantastic array of world-renowned legal practi-tioners from Ireland, the UK, and the USA, along with leading aviation industry specialists.


MODULE 1: INTRODUCTION TO THE AVIATION INDUSTRY• Origins of aviation industry in Ireland• Profile of aviation industry 2017• Reasons for development of Ireland as aviation hub• Analysis of main industry players in the sector• Overview of regulatory framework

MODULE 2: PURCHASING AND LEASING AIRCRAFT • Reasons for investing in aircraft• Aircraft operating lease agreements and key clauses• Purchasing aircraft – the practical considerations• Relevant purchase documentation • Delivery of aircraft – acceptance certificates, relevant clauses• Trading aircraft

MODULE 3: AVIATION FINANCE • Commercial debt financing for aviation• Analysis of key capital markets structures



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• P DP financing from a leasing company and bank perspective

• Analysis of typical Expert Credit Agencies structure (ECA)

• Function of the Export-Import Bank (US) and Irish Stock Exchange

• Typical security taken over aircraft

MODULE 4: REGULATORY ENVIRONMENT• Role of Irish Aviation Authority• The Chicago Convention (Art.83 bis), ICAO, IATA• The Cape town Convention • The International Registry of Mobile Assets• European Aviation Safety Agency Regulations• EU Emissions Trading Scheme • Registration and de-registration of aircraft

MODULE 5: TAXATION AND AVIATION • Importance of Irish tax residence• Tax Opinions, Legal Opinions• Double taxation treaty network• Withholding tax • Section 110 Companies

MODULE 6: INSURANCE AND AVIATION • Airline aviation insurances and key clauses• Lease insurance provisions in aircraft operating leas-es• Lessor considerations• Claims management • Standard endorsement analysis

MODULE 7: APPLIED LEASING ISSUES• Jurisdictional issues• Redelivery of aircraft• Helicopters – leasing, registration• Engine leasing• Maintenance reserves• Aircraft records management• Corporate service providers

MODULE 8: REPOSSESSION AND RECOVERY • Repossession in practice• Key documentation, key clauses• Material adverse changes• Relevant default provisions• Termination notices• Applications to Court• Enforcement –practical steps


MODULE 9: FLEET PLANNING• Fleet planning by airlines• Strategies engaged• Case studies• Lessor positioning

MODULE 10: CASE LAW AND FUTURE TRENDS • Irish and UK aviation case law update• Future trends for aviation industry

MODULE 11: CAREER PANEL EVENTThis will afford students the opportunity to get expert advice from professionals in the industry about how to enter the aviation industry or how to successfully move sectors within the aviation industry.

WHO SHOULD ATTEND?This course is suitable for the following:• S olicitors, barristers, and trainees who advise avia-

tion clients or who wish to enter the aviation sector; • Aviation professionals who wish to expand their

knowledge with a view to career advancement or moving laterally to another discipline within the industry;

• Professionals working in aircraft leasing companies or airlines;

• Accountants, finance professionals, and tax consult-ants advising aviation clients;

• Contract administrators and engineers;• Professionals in financial institutions that fund the

purchase of aircraft; • Insurance professionals specialising in aviation

insurance.

In order to apply you must have a minimum of two years full-time experience in the aviation industry or, alternatively, you must have successfully completed the Certificate in Aviation Leasing and Finance. If you are not a qualified solicitor, a barrister, or a trainee, please apply with a cover letter and CV for approval to attend the course. Please set out your relevant work experience in your application. Such applications are subject to a supplemental fee, which amounts to €200 in respect of a diploma application.

Those who have successfully completed the Certificate in Aviation Leasing and Finance will be eligible for a discount on their diploma application.

“For me, one of the best things about the diploma was the speakers. Each week, the standard was consistently high, with the lectures being delivered by industry leaders, experienced aviation lawyers either working in-house for a lessor or from a leading law firm, or representatives from government-supported agencies such as the US Export-Import bank.” Sarah, Diploma in Aviation Leasing and Finance


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Stuart Kennedy, Matheson

Russell King, Milbank, Tweed, Handley & McCloy LLP

David McGovern, Walkers

Dick Forsberg, Avolon

Fergal Moloney, Capita Asset Services IRL

Richard Goss, Hogan Lovells International LLP

FACULTYThe teaching faculty for this diploma comprises a fantastic array of world-renowned legal practitioners from Ireland, the UK, and the USA, along with leading aviation industry specialists. Lecturers and tutors are drawn from the leading law firms specialising in aviation law, aircraft leasing and management companies, airlines, the Inter-national Registry of Mobile Assets, asset management companies, insurance companies, Dublin Aviation Authori-ty, and the Irish Aviation Authority.

Previous lecturers have included:

Patrick Farrell, Norton Rose Fulbright

Nikki Foley, Matheson

Catherine Deane, McCann Fitzgerald

Donna Ager, Maples & Calder

Paul Carrington, Clifford Chance LLP

Rob Cowan, Aviareto

Paul Brady, Aer Lingus

Jan Bosak, Elix Aviation Capital

Michael Murphy, Capita Asset Services IRL

Deirdre Ni Chearbhaill, Avolon

Paul Nolan, DVB Bank

Robert Normand, Aon Ltd Aviation London

Marie O’Brien, A&L Goodbody

Christine O’Donovan, Mason Hayes & Curran

Kieran Oliver, Shannon Engine Support


Catherine Quinlan, AWAS

Ed Riley, AvolonNiamhO’Meara, Milestone Aviation Group

Robert Roy, Ex-Im Bank

Georgina O’Riordan, McCann Fitzgerald

Ken Rush, Walkers (Ireland)

Gerard Scully, Irish Stock Exchange

Brian Skehan, Irish Aviation Authority

Ronan Stewart, Santos Dumont

Mark Shtenko, Amedeo

Gerry Thornton, Matheson

Lucy Shtenko, Watson Farley Williams LLP

Mary Townsend, A&L Goodbody

Jeff Veber, Vedder Price

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DIPLOMA CENTREDEDICATED TOLIFELONG LEARNING


DIPLOMA IN TECHNOLOGY AND IP LAW

START DATEFriday 17 February 2017

DELIVERY METHODOnsite Fridays and Saturdays with lectures webcast online. There will be additional online lecture releases

ASSESSMENTThree-hour closed book written examination, 1 July 2017

FEE€2,800

PROGRAMME OBJECTIVES On completion of this training programme, participants will have:• An understanding of the legal issues pertaining to intellectual

property and how to protect those rights, including how to deal with cases of infringement;

• An ability to apply for registration of trademarks, patents, and designs, and how to protect one’s copyright;

• An insight into the main legal issues relating to the latest trends in technology, such as augmented reality, driverless cars, and the Internet of Things;

• A knowledge of the data protection issues arising in the area of technology law, particularly relating to breaches, the new GDPR, and cybersecurity;

• The ability to review and recognise the important clauses in software licensing agreements, website terms and conditions, outsourcing, cloud computing, and apps;

• A detailed understanding of the laws relating to social media – defamation, hosting, caching, and internet usage.

PROGRAMME STRUCTURE AND APPROACH TO LEARNING Ireland has a booming tech market and has become the digital hub for Europe. It is of vital importance that all organisations and their employees understand the law relating to technology and intellectual property, and that all legal advisers have the requisite knowledge to advise on these matters. This extended diploma programme is designed to give comprehensive coverage to the broad range of legal issues arising from technology and intellectual property in this digital age.

In this extended diploma, we will chart the latest trends in technology and will provide a wide-ranging analysis of issues relating to intellectual property rights, advising on data protection strategies, and managing transactional issues. Leading experts will consider the myriad of potential liabilities including IP infringements and defences, domain disputes, e-commerce and consumer regulations, software licencing, and data security breaches. The course will offer an insight into the world of cyber-crime and suggest possible corporate risk management strategies that companies can implement. Separately, we will analyse applicable torts such as defamation and the rights and duties attached to social media, blogging, and internet usage. Finally, the course will examine the law relating to key technologies such as the Cloud, nanotechnology, biomedical technology, biometrics, wearable technology, driverless vehicles, FinTech, and Blockchain.


MODULE 1: INTELLECTUAL PROPERTY• Trademarks – registration, infringement, non-conventional marks• Patents – registration, priority, patent dealings, patentability of

software• Copyright – digital recordings, databases, software• Design law – registered and unregistered designs• Trade secrets – confidential information• Intellectual property rights management• Domain name disputes


Additional online lecture

releases

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MODULE 2: DATA PROTECTION • Legislation and the new Regulation 2016/679 • Data processing, sharing and access requests• International data transfers – Privacy Shield• Data protection and new technologies – drones,

biometrics• Data security and technology• Data breaches

MODULE 3: TECHNOLOGY CONTRACTS • Software licencing agreements• E-commerce, online contracts, consumer protection• Website terms and conditions• Outsourcing and cloud computing • Gaming law and online betting• Practical and legal issues for tech companies

MODULE 4: SOCIAL MEDIA • Managing legal risks• Defamation and blogging• Hosting, caching, conduits• Advertising standards online• Criminal and civil liability for online content• Social media and employment relationship

MODULE 5: THE LAW AND TECHNOLOGY • Bio-law – medical and legal considerations• Nanotechnology, biometrics, drones, wearables


• Cybersecurity and cybercrime• Video gaming, augmented reality, driver-less vehicles• Cookies, apps, the Cloud• FinTech and Blockchain• The Internet of Things

WHO SHOULD ATTEND?This course is suitable for: • Solicitors, barristers and trainees who wish to aug-

ment their knowledge in the area of IP and technol-ogy law to better advise their clients;

• Lawyers and trainees both in private practice and in-house roles (for example in tech, IT, and pharma companies);

• I ndustry professionals with an interest in IT, intel-lectual property, data protection, cybersecurity, social media, research & development, technology transfer, and innovation.

• Those with an interest in intellectual property and technology who aspire to work in the area.

If you are not a qualified solicitor, a barrister, or a trainee, please apply with a cover letter and CV for approval to attend the course. Such applications are subject to a supplemental fee, which amounts to €200 in respect of a diploma application.

“I really enjoyed the course in particular the lectures on patents, copyright and trademarks. The course was very well run and I found the revision sessions very helpful.” Eileen, Diploma in Technology Law


FACULTYLecturers and tutors will consist of lawyers and industry professionals drawn from the leading law firms and intel-lectual property firms, together with technology experts working in the industry. Previous lecturers have included:


Claire O’Mahony, Law Society of Ireland

Gary O’Mahony, Kieran Ryan & Co.

Daragh O’Brien, Castlebridge Associates

Peter O’Neill, Facebook

John O’Keeffe, John O’Keeffe & Co. Solicitors

Ruth O’Toole, Daon Emma Redmond, LinkedIn

Helen Sheehy, Helen Sheehy & Co.

Asim Sheikh BLLinda Scales, Linda Scales & Co.

Shane Smyth, FR Kelly

Aoife Sexton, Tech Law Services

Oisin Tobin, Mason Hayes & Curran

Pauline Walley, SC

Mark Adair, Mason Hayes & Curran

John Darby, Flynn O’Driscoll

Dr. Mark Carmody, PurdyLucey

Fergal Crehan BLDr. John Cahir, A&L Goodbody

Colette Brady, William Fry

Emerald de Leeuw, Eurocomply

Niamh Hall, FR Kelly Gerard Kelly, Mason Hayes & Curran

Helen Johnson BL Dr. Denis Kelleher, BL

Dr. Sally-Anne Hinfey, SurveyMonkey

Dr. Mike Harris, Grant Thornton

Andrea Martin, Media Lawyer Solicitors

Aine Matthews, Longitude Licensing Limited

Barry Moore, Hanna Moore Curley

Dr. TJ McIntyre, Lec-turer UCD, Digital Rights Ireland

Yvonne McNamara BL

Patricia McGovern, DFMG Solicitors

Brian McElligott, William Fry

Gemma Neylon, Openjaw Technologies

Marie Walsh, Hanna Moore Curley

Adrian Weckler, The Sunday Business Post

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DIPLOMA CENTREA COMMITMENTTO PROFESSIONALDEVELOPMENT


DIPLOMA IN INTERNATIONAL INVESTMENT FUNDS (NEW)

START DATETuesday 28 February 2017

DELIVERY METHODOnsite Tuesdays 6pm to 8.30pm with lectures webcast online

ASSESSMENTThree-hour closed-book written exam, 1 July 2017

FEE€2,400

PROGRAMME OBJECTIVES On completion of this training programme, participants will have:• A comprehensive understanding of the legal structures commonly

used to establish investment funds and the different fund products provided for by law and regulation;

• Familiarity with the roles played by each of the service providers and advisers in the establishment and operation of fund products;

• An awareness of the process whereby funds obtain regulatory approval and the documentation required for a fund launch;

• An insight into fund structuring and typical fund strategies followed by asset managers, and how they relate to regulatory investment restrictions and product rules;

• An introduction to related topics that arise for funds, such as securities lending, the use of derivatives and prime brokers, the listing of funds, exchange traded products, taxation, compliance, and regulatory supervision and enforcement.

PROGRAMME STRUCTURE AND APPROACH TO LEARNING When the International Financial Services Centre began in the 1980s, one of its principal aims was to create jobs for Irish graduates. It exceeded all expectations and the Irish funds industry was one of the sectors which benefitted most. It continues to experience significant growth and now supports thousands of jobs throughout Ireland for fund accountants, custodians, and transfer agents supported by other professionals in legal, financial, audit, and compliance roles. Assets under administration continue to grow for both Irish domiciled fund structures and offshore funds serviced here. That growth is matched by a constantly evolving legal and regulatory framework, as complex as it is voluminous. This course will give participants a high level overview of that framework, whether you aspire to work in a funds, legal, or compliance role, or already have some experience. In addition, this course will be of interest to non-lawyers working in the funds industry.

The aim of the course is to provide an overview of the system of regulation, compliance, supervision, and enforcement affecting investment funds. The course will focus principally on the UCITS and AIFs products, namely undertakings for collective investment in transferable securities and European alternative investment funds. Allied to this will be a review of the principal legal structures used for fund products. The course will also cover other issues such as taxation, listing, exchange traded funds, and corporate governance.


MODULE 1: OVERVIEW• An overview of the legal structures used for funds • The different types of fund products available • An outline of the different stakeholders involved, together with a

detailed presentation about the way in which the regulatory approval process works

MODULE 2: FUNDS REGULATION• The product rules and investment restrictions applicable to UCITS and alternative investment funds



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• Organisational rules for each of the above and an overview of the role of securities lending, derivatives, and prime brokers

• This module will conclude with a workshop dealing with fund structuring.

MODULE 3: RELATED FUNDS TOPICS• The listing of funds and exchange traded products;

taxation; • Compliance issues such as the prevention of money

laundering and the financing of terrorism; regulatory supervision and enforcement.

• International comparisons and forthcoming developments.

• The course concludes with an examination workshop.

WHO SHOULD ATTEND?• Qualified solicitors who wish to expand their

knowledge of the Irish funds industry with a view to moving into the area;

• Trainee solicitors and paralegals who are working in the funds industry;

• Directors or relevant professionals working in accountancy firms who wish to familiarise


themselves with compliance issues in relation to the funds industry;

• Service providers and those in consultancy firms working in the area of funds who wish to broaden their knowledge of the regulatory aspects of funds.

It is recommended that non-lawyers working in the funds industry have at least five years’ experience, although applications from prospective participants with less experience will be considered on a case by case basis. If you are not a qualified solicitor, a barrister, or a trainee, please apply with a cover letter and CV for approval to attend the course. Such applications are subject to a supplemental fee, which amounts to €200 in respect of a diploma application.

FACULTYLecturers and tutors will consist of experienced practitioners in the area and others with expertise in funds law and practice. The faculty includes lawyers from the funds practices in Dublin law firms, as well as from the Central Bank of Ireland and the Irish Stock Exchange. Our faculty is also drawn from the asset management industry, both in Ireland and the UK.


DIPLOMA IN MEDIATOR TRAINING

START DATEFriday 5 May 2017

DELIVERY METHODThree onsite Friday & Saturday sessions with online release of supplemental lectures

ASSESSMENTContinuous assessment together with a final 4,000-word written assignment/ optional practical role-play assessment (see below)

FEE€2,800

PROGRAMME OBJECTIVES On completion of this training programme participants will understand:• the law underpinning mediation and the theoretical foundation of

the mediation process• the actual process of mediation itself and how to identify at an early

stage whether a case is suitable for mediation• how to develop the core competencies necessary for mediating a dispute• how to use mediation skills and tools with fluidity and proficiency• the mediator’s role and the inherent challenges of mediation process• the challenges and opportunities if considering establishing a media-

tion practice

PROGRAMME STRUCTURE AND APPROACH TO LEARNING The goal of this diploma is to provide an appreciation of the theoretical foundations of the mediation process and to equip participants with the necessary skills to successfully mediate disputes in a number of different settings. The course and the intensive interactive workshops are designed for those wishing to practice as trained mediators and is ac-credited by the Mediators’ Institute of Ireland (MII), subject to successful completion of the optional assessment (see below).

The course begins with an in-depth review of the process of mediation and its increasing importance in the litigation landscape. We examine in detail the recently published Mediation Bill. The general objective of the Mediation Bill is to promote mediation as a viable, effective and efficient alternative to court proceedings thereby reducing legal costs, speeding up the resolution of disputes and relieving the stress involved in court proceedings. This course is designed therefore not only equip partici-pants with the skills to act as a mediator, but also to consider fully how the practice mediation will be impacted by the new statutory framework. The new Bill focuses on a number of different aspects of mediationl:• It introduces an obligation on solicitors and barristers to advise par-

ties to disputes to consider utilising mediation as a means of resolv-ing them

• It provides that a court may, on its own initiative, invite the parties to consider mediation

• It provide for the suspension of limitation periods to facilitate the mediation process

• confidentiality addresses the confidentiality of the mediation process

• It sets out how mediated settlement agreements can be made enforceable;• It permits e introduction of a code of practice for the conduct of me-

diation by qualified mediators

Mediation role-plays form the primary focus of our participative and interactive onsite sessions, with contextual and theoretical knowledge issued online in advance of those sessions. The onsite dates are Friday May 5 & Saturday 6 May; Friday 9 June & Saturday 10 June; Friday 30 June & Saturday 1July.


MODULE 1: THEORETICAL FOUNDATIONS • Understanding the mediation process • Types of mediation • Approaches to Mediation


Online release of supplemental

lectures

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MODULE 2: MEDIATION REGULATION • Legislation & Court Rules• The Mediation Bill• The impact of regulation on practice

MODULE 3: MEDIATION PRACTICE • Ethics & moral principles • Rules of conduct • Suitability for Mediation MODULE 4: MEDIATION CONTEXTS• Family Mediation• Workplace Mediation• Commercial Mediation• Other mediation Pathways

The diploma will be assessed by means of a combination of continuous assessment and a final written assign-ment. The continuous assessment will account for 40% of the final mark, with the final assignment being based on 4000 word case study which will account for 60% of


the overall diploma result. Students that complete the 60 hour training programme and successfully attain the diploma, will then be eligible to attend a mediation role-play assessment administered by the Mediators’ In-stitute of Ireland (MII), successful completion of which will lead to certified membership of the (MII). There is an addition charge payable to the MII in the amount of €250 in respect of the assessment. The date of the assessment to be advised shortly.

WHO SHOULD ATTEND?This course is suitable for solicitors, barristers and trainees interested in the mediation process. The course will also appeal to suitably qualified non-legal profes-sionals whose work requires them to engage in alterna-tive dispute resolution mechanisms, whether that is in the work-place setting, family matters or commercial disputes.

If you are not a qualified lawyer, please apply with a cover letter and CV for approval to attend the course.

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Helen Kilroy, McCann FitzGerald

Richard Lee, Lee & Sherlock

Michael M Moran, Michael M Moran Solicitors

Austin Kenny, accredited mediator

Jennifer O’Brien, Irish Family Law Chambers

Damien Keogh, Damien Keogh and Associates

FACULTYThe course is facilitated by experienced mediation practitioners with extensive knowledge and insight of how the mediation process interacts with more traditional forms of dispute resolution. Previous faculty members have included:

Joe Kelly, A&L Goodbody

John Kennedy BL

Geraldine Hynes, solicitor

Fergus Armstrong, One Resolve

Aoife Gaughan, DWF

Bill Holohan, Holohan Solicitors

Dermot Flanagan SC

William Aylmer, Aylmer & Co

Mark Regan, Regan Solicitors

Joe Thomas, O’Reilly Thomas

Michael Tyrrell, Michelangelo Consultants

Sabine Walsh, Sabine Walsh Mediation

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DIPLOMA CENTREA PASSION FOR LEGAL EDUCATION


CERTIFICATE IN DATA PROTECTION

START DATEWednesday 1 March 2017

DELIVERY METHODIntroductory lecture onsite and webcast online, following this lectures will be released online on Wednesdays and workshops will take place online on Saturdays.

ASSESSMENTAssignment, including case-study scenarios and multiple choice questions

FEE€1,400

PROGRAMME OBJECTIVES On completion of this training programme, participants will have:• A thorough understanding of current data protection legislation; • A knowledge of the key changes envisaged by the new General Data

Protection Regulation (Regulation 2016/679);• A comprehensive understanding of data protection practice and data

governance;• The ability to recognise the circumstances in which a data protection

issue may arise in practice and the practical steps to take; • The skills to advise clients on their data protection obligations in Ire-

land and internationally in their capacity as a lawyer, data protection officer or compliance officer;

• A greater understanding of the role of the Data Protection Commis-sioner, enforcement and sanctions.

PROGRAMME STRUCTURE AND APPROACH TO LEARNING Data is now a valuable commodity. Modern technologies allow for huge volumes of data to be collected by companies on a daily basis. There are many legal responsibilities associated with collecting, retaining, and processing such data.

Data protection laws act to balance an individual’s right to privacy with a company’s ability to use that data. It is essential that the use of data is regulated to prevent abuses whilst at the same time ensuring that com-panies can use data efficiently and effectively. This Certificate in Data Protection will offer an in-depth analysis of the current data protection framework. The current data protection laws will be examined, together with the changes proposed by Regulation 2016/679 (the General Data Protection Regulation). While the law in this area is straightforward, its application is less so; especially as the data protection landscape is rapidly changing. Students will be guided through the application of the law by experienced data protection prac-titioners and privacy consultants from private practice, the public sec-tor, and from large multinationals. This course will ensure that students are equipped to deal with the new compliance issues that lie ahead.

Course materials, including webcasts of lectures, will be released each week online.In addition, participation in online activity will be required. Three online interactive workshops will enable students to consolidate their knowledge. Students are also afforded the opportunity to interact with expert contributors online each week. Participants are invited to have an open-minded approach to learning and are encouraged to interact and share knowledge with colleagues. Engaging online is a central element of this course. The programme is based on the following module scheme and covers key themes as listed below:

MODULE 1: INTRODUCTION TO DATA PROTECTION LAW • Origins of data protection law• Data protection concepts and principles• Overview of data protection landscape

MODULE 2: DATA PROCESSING AND SHARING• Legitimate processing• Data retention



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• Data access requests• Government data, public sector• Data protection v freedom of information• Litigation – legal professional privilege/discovery

MODULE 3: DATA PROCESSING AND PERSONAL RIGHTS• Removal, amendments, rectification• The right to be forgotten• Direct marketing• Automated decision making• State surveillance

MODULE 4: GENERAL DATA PROTECTION REGULATION (REGULATION 2016/679)• Overview of key proposed changes• Impact of proposed changes on processing, consent,

outsourcing• Compliance and enforcement• Requirement to have a Data Protection Officer• How to prepare now for the changes ahead• Changes referenced in each module throughout the

Certificate

MODULE 5: DATA GOVERNANCE• Role of the Data Protection Officer• Data breaches• Powers of Commissioner for Data Protection • Privacy impact assessments

MODULE 6: INTERNATIONAL DATA TRANSFERS• Data transfer risks• Schrems case• Privacy Shield• Supervision, enforcement, offences

MODULE 7: DATA PROTECTION COMPLIANCE• CCTV• Direct marketing• Cookies, the Cloud• Outsourcing• Drones, biometrics, wearable technology

MODULE 8: DATA GOVERNANCE FRAMEWORK• Best practice models


• Information Asset Life Cycle• Aligning DP and data governance• Standard frameworks and ISOs• Measuring date protection compliance

MODULE 9: CHANGE MANAGEMENT• Context and rationale• Principles of change management• Data Protection training

MODULE 10: DATA SECURITY AND TECHNOLOGY • Physical security of data• Virtual security of data • Technical considerations

MODULE 11: ETHICS IN DATA PROTECTION • Ethical first principles• A framework for ethics in information management• Practical application

MODULE 12: DATA PROTECTION UPDATE• Global view and EU v US approach• Overview of recent data protection issues

WHO SHOULD ATTEND?• This course is suitable for lawyers (including train-

ees) who wish to advise clients on the increasingly important area of data protection;

• Data Protection Officers and Compliance Officers who wish to improve their knowledge and learn about the important GDPR changes;

• Data management professionals and managers; • IT professionals; • Those working in organisations with responsibilities

for processing data or storing data; • Those who have an interest in data protection and

aspire to work in this dynamic area.

If you are not a qualified solicitor, a barrister, or a train-ee, please apply with a cover letter and CV for approval to attend the course. Such applications are subject to a supplemental fee, which amounts to €100 in respect of a certificate application.

“The advantage of the course being online facilitated access and learning, and the online forum was a great method to chat to other participants to discuss the current law and anticipated changes.” Edel, Certificate in Data Protection Practice


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Emerald de Leeuw, CEO, Eurocomply

Daragh O’Brien, CEO, Castlebridge Associates

Dr Katherine O’Keefe, Castlebridge Associates

Richard O’Sullivan, Head of Legal Services, HIQA

Ruth O’Toole, Solicitor, Senior Legal Counsel, Daon

FACULTYLecturers and tutors will consist of solicitors, barristers, and data protection practitioners with in-depth knowl-edge of the recent case law and legislative developments. Previous lecturers have included:

Dr. TJ McIntyre, Lecturer, UCD, Digital Rights Ireland

Anna Morgan, Data Protection Commissioner

Patricia McGovern, Chairman, DFMG Solicitors

Chris Bollard, Associate, Arthur Cox

Phil Lee, Partner, Fieldfisher, Palo Alto

Simon McGarr, McGarr Solicitors

Dr Denis Kelleher, BCL, LL.D, BL

Fergal Crehan BL, Privacy Consultant

Emma Redmond, Senior Data Protection & Privacy Counsel, LinkedIn


Kenneth Ruane, Solicitor, An Garda Siochána

Aoife Sexton, Principal, Tech Law Services

Kate Colleary, Colleary & Co.

Julie Shackleton, Solicitor, HBX, Harvard Business School

Oisin Tobin, Senior Associate, Mason Hayes & Curran

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DIPLOMA CENTREDRIVEN TO SERVE THE PROFESSION


CERTIFICATE IN PUBLIC PROCUREMENT

START DATESaturday 25 March 2017

DELIVERY METHODOnsite in block release over two intensive weekends and an additional Saturday session. Lectures are also webcast online.

ASSESSMENT2,500-word written assignment

FEE€1,400

PROGRAMME OBJECTIVES On completion of this training programme, participants will have: Detailed knowledge of the sources and scope of procurement law, both domestically and in the EU;• The ability to advise, design, and conduct a lawful procurement

process;• Developed legal skills in advising clients involved in tendering for

business;• An understanding of the public procurement environment to assist in

clients’ strategic procurement planning; • The ability to explain the decision-making procedure and an

understanding of the remedies available to unsuccessful applicants; • Up-to-date knowledge and analysis of jurisprudence in the area;• Practical knowledge of emerging innovation in public procurement; • An understanding of the importance of risk management in the

process.

PROGRAMME STRUCTURE AND APPROACH TO LEARNING Featuring a unique block release format this course will be of interest to lawyers practicing in the area, public sector employees and procurement professionals.

The rules applicable to the practice of public procurement are increasingly relevant to all practitioners, whether in the context of personally tendering for legal services, acting for tendering parties or, alternatively, when advising public bodies and utilities in relation to procurement projects. Furthermore, practitioners and other decision makers working for public bodies and utilities who have responsibility for the tendering process will be acutely aware of the importance of being fully compliant with domestic and EU procurement regimes. This course is designed for such practitioners and employees, and will provide a sound understanding of public procurement law and the jurisprudence of national and European courts. In addition, it will offer detailed advice and insight into best practice so as to minimise risk.

This course will commence an overview of the public procurement regime including the key changes introduced by the European Union (Award of Public Authority Contracts) Regulations 2016 and the European Union (Award of Contracts by Utility Undertakings) Regulations 2016. These Regulations transposed the new EU Public Procurement Directives into Irish law and introduce various updates to the public procurement process.

The programme is based on the following module scheme and covers key themes as listed below: MODULE 1: SOURCES& SCOPE• Sources of procurement law and principles of EU law• European Union (Award of Public Authority Contracts) Regulations

2016 and European Union (Award of Contracts by Utility Undertakings) Regulations 2016

• The scope of procurement law• Irish public procurement rules

MODULE 2: THE PROCUREMENT PROCESS I - TENDERING PROCEDURE & REMEDIES • The tendering procedure: structure, thresholds, requirement to



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advertise, contract notices etc.• Case study: The life cycle of procurement from

preliminary market consultations to contract notice to award challenge (using a real example)

• Remedies available to unsuccessful candidates

MODULE 3: CASE LAW + PROCUREMENT PROCESS II • Recent public procurement case law 1: EU • Tender evaluation• Different procurement techniques

MODULE 4: UTILITIES• A focus on the Utilities Directive (2004/25/EU) and

implementing Regulations• A practical look at the differences in conducting an

award process under the Utilities Directive• Innovation and social initiatives in public

procurement.• Green and environmental procurement• Risk management in public procurement

MODULE 5: PROCUREMENT PERSPECTIVES• An overview of the Office of Government

Procurement:• Risk management in public procurement


MODULE 6: THE FUTURE OF PROCUREMENT • The Concessions Public Procurement Directive• Green procurement• Panel discussion on the effectiveness of the EU and

Irish procurement regimes including remedies

WHO SHOULD ATTEND?• Solicitors who work as advisors in respect of

procurement for public bodies or utilities or as external advisors;

• In-house Counsel;• Barristers; • Decision makers within the public service

responsible for managing the procurement service;• Procurement consultants;• Procurement officers in independent organisations.

If you are not a qualified solicitor, a barrister, or a trainee, please apply with a cover letter and CV for approval to attend the course. Such applications are subject to a supplemental fee, which amounts to €100 in respect of a certificate application.

FACULTYPrevious lecturers have included:

Anna-Marie Curran, Partner, A&L Goodbody

Robert McDonagh, Partner, Mason Hayes & Curran

Claire Murphy , Arthur Cox

Cormac Little, Partner, William Fry Solicitors

Nathy Dunleavy BL James Kinch, Chief State Solicitors

“I am using this course to reinforce my existing knowledge of public procurement and I am finding the content to be very interesting, informative and relevant”Gillian, Certificate in Public Procurement


CERTIFICATE IN JUVENILE JUSTICE (NEW)

START DATESaturday 6 May 2017

DELIVERY METHODThree onsite Saturday sessions with weekly online release of supplemental lectures

ASSESSMENT2,500-word written assignment

FEE€1,400

PROGRAMME OBJECTIVES On successful completion of this training programme, participants will:• Understand the key advocacy skills and competencies required when

representing young persons who have become involved with the juvenile justice system;

• Have developed an awareness of the varying needs of young people who are subject to such proceedings;

• Be able to comply with the requirements of the practice direction DC04 – Children Court, making the requisite adaptations to normal trial procedures;

• Have knowledge of the sentencing options in the Children Court and the implications of the principle that detention should be a last resort;

• Be able to reflect on the particular legal standards and ethical awareness required of practitioners operating in such settings.

PROGRAMME STRUCTURE AND APPROACH TO LEARNING The goal of this certificate will be to detail for practitioners the steps to be employed in all proceedings under the Children Act, 2001 as amended, so as to ensure that such proceedings fully comply with a young defendant’s Constitutional rights as well as international standards for juvenile justice. Participants will be required to reflect on the practical application of DC04 – Children Court, designed as it is to ensure due regard for the protection of the rights of the child and to safeguard the young person from avoidable intimidation, humiliation or distress. In order to deepen the learning experience, students will have an opportunity to observe and participate in various role-play scenarios involving Children Court proceedings, and to practice and hone communication and advocacy skills that are particularly pertinent when representing young persons.

The programme is based on the following module scheme and covers key themes as listed below: MODULE 1: INTRODUCTION AND THE INTERNATIONAL CONTEXT • History, jurisdiction, and venues• International standards and the UN Convention on the Rights of the

Child• The European Convention on HR and the ECHR Act 2003• Interface between criminal law and ‘best interests’

MODULE 2: INITIAL RESPONSES TO OFFENDING BEHAVIOUR • The Garda Diversion Programme • Role of the Child and Family Agency • Family welfare conferences• Formal and informal Cautions• Children in care / children in special care• Supervision• Participating in restorative justice and community policing

MODULE 3: THE CHILDREN COURT – THE DEFENCE ROLE• Taking instruction (in office, court, detention centre)• Advice to young defendant in Garda station• File preparation • Practice and procedure – DC04 – defence lawyer’s obligations • A young person’s right to patriciate• Bail applications from the defence perspective


Online release of supplemental

lectures

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• Factors to be taken into account when giving evidence

• Awareness of childhood issues• Requesting an intermediary/ advocate/ psychologist/

psychiatrist/ support person• Advising parents and guardians – conflict with

children’s wishes• Appeals

MODULE 4: THE CHILDREN COURT – THE PROSECUTION ROLE• File preparation for court• Practice and procedure – DC04 – defence lawyer’s

obligations • Prosecutorial delay and recent case law• Bail applications from the defence perspective• Cross examination and reduction of trauma for the

child• Using child-appropriate language

MODULE 5: THE JUDGE’S ROLE - THE COURT PROCESS• Managing the court• Age of child• S.75 Children Act – jurisdiction • Appointing an intermediary• Bail • Sentencing options (including 10 community

sanctions and restorative justice programmes)• Interplay with mental health • Conflict with rights vs welfare – the Judge’s role • Victims’ rights


MODULE 6: ANCILLARY SERVICES – PROBATION & WELFARE SERVICES• The role of the Probation Service and the process

involved• Interview with children • Preparation of Reports for court • Role of Probation supervision• Child and Family Agency • The role of the CFA and the Children Act • Children in Care, including Residential Care• Children in Secure Residential Care• Family Welfare Conference • Preparation for Court • Reports for Court

WHO SHOULD ATTEND?• This course is suitable for practitioners, trainees and

students. • It will also appeal to other suitably qualified

professionals who are involved in the juvenile justice system, including social workers and probation officers.

If you are not qualified solicitor, a barrister or a trainee, please apply with a cover letter and CV for approval to attend the course. Such applications are subject to a supplemental fee which amounts to €100 in respect of a certificate application.

FACULTYLecturers and tutors will be drawn from solicitors, barristers and others with expertise in acting on behalf of young persons.


DELIVERY METHODDistance learning

ASSESSMENTDissertation of between 15,000 and 17,000 words

FEE€3,400

This innovative new LLM in Advanced Legal Practice is offered in association with Northumbria Law School and is specifically designed for those who are qualified solicitors. Uniquely, the LLM provides you with the opportunity of using your solicitor qualification as a building block to achieve recognised academic qualifications. In summary, the award requires 180 credits, and

your solicitor qualification already provides 120 points towards this. A research-based dissertation then makes up the remaining 60 points required.

OUTLINECandidates undertake in-depth study of an agreed legal topic under individual tutor supervision. The programme will start with an induction day, and it is taught primarily through distance learning, with supervisors predominantly based in the Law Society.

The programme lasts for up to two years, a timescale designed to allow students flexibility to complete the LLM in keeping with their work commitments.

AUDIENCEApplicants must either be:• Qualified as a solicitor in this

jurisdiction, or• Enrolled on the PPC2 at the same

time as they enrol to the LLM Advanced Legal Practice and be expected to complete their training within the academic year. Any student enrolled on the PPC2 at the same time as the LLM Advanced Legal Practice must satisfactorily complete the PPC2 before they can be awarded the LLM.

For further information, visit: www.lawsociety.ie/diplomacentre.

LLM ADVANCED LEGAL PRACTICE

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START DATEFriday 8 September 2017

DELIVERY METHODBlended learning on-site and online

FEE€4,400

An intensive postgraduate diploma spread over eight modules, this course is designed for those who require an introduction to the discipline of law in a number of core areas. This diploma is unique, in that it integrates academic theory with the practice of law.

Our module tutors are experienced practitioners and are well placed to provide instruction in the various

substantive topics of law, with the added benefit of being able to relate to the real-life practice of law when required.

OUTLINEThe programme is based on the following module scheme and covers each of the core legal topics as listed below.

SEMESTER 1Module 1: Constitutional lawModule 2: Criminal lawModule 3: Contract lawModule 4: Tort

SEMESTER 2Module 5: Company lawModule 6: EU lawModule 7: Property lawModule 8: Equity or employment law

AUDIENCEThis course is open to non-law graduates from any discipline or suitable non-graduates with a demonstrable level of work experience in the area of law.

For further information, visit: www.lawsociety.ie/diplomalaw.

DIPLOMA IN LAW

For further information on the application process, discounts, attending our courses, examinations, and assessments please visit www.lawsociety.ie/diplomacentre

The Law Society of Ireland’s Diploma Centre reserves the right to change the courses that maybe offered, and course prices may be subject to change. Every effort has been made to ensure that the information contained in these pages is accurate and up to date. We cannot guarantee that places will be available for any particular course. In the unlikely event that the Diploma Centre needs to cancel or reschedule a course, all fees are fully refundable.

Course participant cancellations will only be accepted if submitted in writing no later than two weeks before the start of the course. Refunds may be subject to an administration charge. Fees will not be refunded once the course has started. Course fees are non-transferable. Care has been given to confirm the accuracy of the information presented in this prospectus, on the Diploma Centre web pages, in personal communications, during course modules, and in all written materials. However, the Diploma Centre is not responsible for errors or omissions and makes no warranty, express or implied, with respect to the contents of the material delivered. The Diploma Centre cannot be held responsible for any consequences from the application of the information contained on the website or in the lectures, manuals, printed materials, and other communication and training provided. We reserve the right to change the above terms and conditions.

CONTACT DETAILSDiploma Centre, Law Society of Ireland, Blackhall Place, Dublin 7.

e [email protected] t 01 672 4802w www.lawsociety.ie/diplomacentre

TERMS AND CONDITIONS

t +353 1 672 4802 e [email protected] www.lawsociety.ie/diplomacentre

diploma centre - law society of ireland · 3 law society of ireland diploma centre spring 2017...

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