Analysis

The new legal year is fast approaching and that means a new cohort of devils will begin their careers at the Bar. While acknowledging that everyone will have slightly different experiences in their first year, I have put together some advice for new practitioners based on my own experience of devill

The Assisted Decision-Making (Capacity) Act 2015 is due to be commenced on the 21st November 2022. The recent High Court decision in Re JD [2022] IEHC 518 highlights the important changes to capacity assessments that will be required under that Act, and how consultants are already choosing to carry

Michael Madden of Mason Hayes & Curran LLP examines forthcoming changes to Ireland's data retention laws. The Communications (Retention of Data) (Amendment) Act 2022 is intended to amend existing Irish data retention law to address the impact of recent EU case law, including that relating to the

James Milliken of Belfast-based Carson McDowell discusses the National Anti-Doping Panel's recent decision regarding cricketer Tom Wood. The National Anti-Doping Panel (NADP), an independent tribunal responsible for adjudicating anti-doping disputes in sport in the UK, recently handed down a decisio

By Gráinne Bryan, Sonia Cheng, Dave Harvey, Jonathan Neilan, FTI Consulting Cybersecurity and privacy have in recent years gained “buzzword” status in the boardroom. An ongoing groundswell of global data privacy enforcement and a perpetual upswing in the severity and frequenc

Darren Toombs, partner at Carson McDowell, provides an update on the Bankruptcy Court as it reopens its doors to creditor bankruptcy petitions — albeit at additional cost to business and trade creditors — while corporate winding up petitions remain in limbo. As we start a new court term

Mason Hayes & Curran LLP partner Oisín Tobin and associate Conor Califf explore the data protection issues surrounding the use of drones. Most drones possess the ability to collect personal data. This often occurs, for instance, by the recording of their surroundings during flight through

William Fry partners Leo Moore, Craig Sowman and Derek Hegarty examine the legal issues at the centre of Usain Bolt's new trade mark application. Victory in sport has resulted in many iconic celebratory expressions from athletes. These include Christiano Ronaldo's "Siu" celebration, Mo Farah's iconi

Dillon Eustace partners John O'Riordan and Rachel Turner examine the Central Bank of Ireland's move towards greater enforcement. Last year saw the Central Bank impose a record level of monetary fines on financial firms and individuals. These fines contributed to the Central Bank’s profits incr

Joe McVeigh, partner and head of the corporate department at BHSM, summarises the key features of Ireland's proposed new investment screening regime. On 2 August 2022, the government published the Screening of Third Country Transaction Bill 2022. The bill has been drafted in response to the potentia

Bill Holohan SC considers the take-up of mediation by solicitors since landmark legislation was introduced more than four years ago. The Mediation Act 2017 commenced on 1 January 2018. Court rules for the District Court, Circuit Court and the High Court were introduced very shortly thereafter. In Ja

The Institutional Burials Act 2022 commenced on 15th July 2022.1 It is a remarkable new law that literally creates “groundbreaking” powers. Its three goals in relation to “manifestly inappropriate burials”2 on institutional land are to: (i) identify human remains, (ii) make f

John Dugdale, partner at Belfast firm Carson McDowell, examines a recent English court ruling with significance for construction law. A recent judgment of the Court of Appeal in England and Wales has provided guidance on whether a collateral warranty can be a “construction contract” for

Claire Morrissey of Maples and Calder, the Maples Group's law firm, examines new EU guidelines on GDPR fines. The approach to the General Data Protection Regulation (GDPR) fines has varied significantly across EU member states. On 16 May 2022, the European Data Protection Board (EDPB) published draf

Darryl Broderick of RDJ LLP writes on a recent Court of Appeal decision concerning directors' obligations under the Companies Act. Section 819 of the Companies Act 2014 operates to restrict directors of insolvent companies from being appointed or acting as a director or secretary of a company and fr