The flexibility of the British constitution, once thought to be such a strength, has played a large part in destroying the country. In this edited version of a recent lecture delivered in Cambridge, Professor Conor Gearty (LSE) explains why he now believes more than ever that only the experience of
Opinion
The long standing test concerning the legal possession of land has been challenged in the landmark case of Thorpe v Frank [2019] EWCA Civ 150, writes Stuart Nevin, associate, A&L Goodbody. The Court of Appeal found that repaving a forecourt was enough to obtain possession in a claim for ‘a
Barrister Paul Anthony McDermott SC comments on changes to the perjury regime. Trust me, Ireland is soon going to become a more honest place. It has been announced that a new statutory offence of perjury is coming before the cabinet for approval.
Olivia O'Kane explains why journalists must be able to protect the identities of their sources In recent years, through confidential sources journalists have exposed many scandals such as the MPs expenses, the phone hacking, financial and banking impropriety, mistreatment of elderly or vulnerable pa
The Victims of Crime Act 2017 transposes Directive 2012/29EU into Irish law and defines a victim as “a natural person who suffered harm including physical, mental or emotional harm or economic loss which was directly caused by an offence”. Denise Kirwan, a partner in child and family law
Andrea Martin comments on social media regulation in the wake of the Ana Kriegel case. Two 14-year-old boys have become the youngest convicted murderers in the history of the State after being found guilty of the murder of 14-year-old Ana Kriégel.
After increasingly positive noises around a potential trade deal between the USA and China (even the exchange of “beautiful letters” between presidents), recent weeks have seen both sides double down, levying increased tariffs in what many are now describing as a renewed trade war, write
Tina English and Lee O'Donovan look at a recent opinion from the European Court on the scope of 'takedown orders' imposed on host providers. Advocate General Szpunar (the “AG”) of the Court of Justice (“CJEU”) has stated in a noteworthy opinion that the E-Commerce Directive (
Andrew Kirke considers the controversial Copyright Directive, designed to control how copyrighted content is shared on online platforms. The Directive and its most controversial component, Article 13, requires online platforms to filter or remove unauthorised copyrighted material from their websites
Rossa McMahon, solicitor at PG McMahon Solicitors, responds to recent comments about personal injury claims and the impact on insurance costs. Pat McDonagh has made, as ever, some interesting points about personal injury cases. He is absolutely right that insurance premiums have risen in recent year
Pat Daly, partner at Cantillons Solicitors in Cork, writes on settlements without admission of liability in medical negligence cases. As a solicitor who has specialised in medical negligence cases for almost 30 years, I am calling for the farcical practice of settling cases “without admission
Dr Eoin Daly, lecturer in law at NUI Galway, and Dr David Kenny, assistant professor of law at Trinity College Dublin, examine the Government's use of the "money message" to control legislation. Controversy has erupted recently over the Government delaying the Climate Emergency Bill using an obscure
On 15 August 1857, Maria Theresa Longworth and Major William Charles Yelverton got married in a Catholic Church near Rostrevor. They had previously married in Edinburgh on or about 13 April 1857 according to Scottish law; however, Theresa refused to cohabit with Major Yelverton until they were marri
Dr Eoin Guilfoyle, teaching associate in law at University of Bristol Law School, considers proposals to introduce sentencing guidelines in Ireland. In comparison to other common law jurisdictions, Ireland has a relatively unstructured sentencing system. Judges in Ireland have a high degree of discr
Dr Kevin Sweeney, author of Arrest, Detention and Questioning: Law and Practice, explores the law in Ireland and the EU on access to information in criminal proceedings in his article for Irish Legal News. In the Sunday Times newspaper of June 2, 2019, the chairwoman of the Irish Criminal Bar Associ