Analysis

Conor White, employment lawyer at Comyn Kelleher Tobin (CKT), examines a recent case resulting in Ireland's largest-ever award for unfair dismissal. In a recent Workplace Relations Commission (WRC) decision — A Sales Executive -v- A Software Company — the WRC awarded the sum of €329

Andrew McGahey and Aoife Ryan of Kennedys examine the Representative Actions for the Protection of the Collective Interests of Consumers Bill 2022. The EU Representative Actions Directive (EU) 2020/1828 is to be transposed into Irish law by 25 December 2022, with effect from June 2023. The Directive

Grace Toher and Jack Nyhan of Comyn Kelleher Tobin (CKT) examine a recent case dealing with the issue of dishonesty in professional practice proceedings. The Court of Appeal in Law Society of Ireland v Kathleen Doocey [2022] IECA 2 has clarified the test to be applied in professional practice p

Dr Phil Anderson, consultant in child, adolescent and forensic psychiatry, makes the case for an increase in Northern Ireland's minimum age of criminal responsibility. The minimum age of criminal responsibility (MACR) is the lowest age at which a child is deemed to have the capacity to commit a crim

Kevin Bell BL examines the future of the gig economy in Ireland. The significant judgment of the High Court in Karshan v. Revenue Commissioners has been overturned by the Court of Appeal. The ruling has granted companies in the Irish gig economy significant leeway, in that delivery drivers will cont

"We are on the cusp, I believe, of the commencement and introduction of one of the most transformational pieces of legislation in Irish history," says Annette Hickey, senior associate and head of the surrogacy and fertility law team at Poe Kiely Hogan Lanigan LLP (PKHL). Ms Hickey is one of a number

Uncertainty remains as to the correct interpretation of Article 82 of GDPR for the right of data subjects to obtain compensation for breaches of data. Rose Caroline McGrath BL and Mark Finan BL consider some of the approaches which are emerging from the references to the CJEU and the UK case law tog

Human rights lawyer Michael Farrell examines Strasbourg's attitude to the treatment of intersex people in Europe. In a decision issued on 19th May, the European Court of Human Rights indicated that so-called “sex normalising” surgery carried out on intersex persons, especially children,

Teachers, like councillors, exercise what little power they have to what little ends they can. While few school pupils nowadays will actively be stopped from using the bathroom when nature calls, many of us have felt the disfavour of a teacher when attempting to do so. Perhaps the law should assist

None of us expect to be harmed as a patient in healthcare, yet, in Ireland, as many as 1 in 8 patients suffer harm while using using healthcare services. Johan Verbruggen addresses queries he has received about the Patient Safety (Notifiable Patient Safety Incidents) Bill 2019, which is currently be

It emerged in March that nearly two-thirds of disabled people employed in the Irish legal sector have not disclosed their disability status at work. Many in the industry believe this concerning statistic emphasises the need for more awareness around the topic. The worrying finding came from a survey

Pamela O'Neill and Ciara Geraghty of Eversheds Sutherland LLP welcome a novel ruling by the High Court in response to an abuse of process. Recently, Eversheds Sutherland LLP successfully sought a first-of-kind Isaac Wunder order restraining an individual from instituting any further court proceeding

Barrister Paul Marshall details why the UK government’s failure to reform the rules around computer evidence means the Post Office Horizon scandal could be the tip of a miscarriages of justice iceberg. James Cartlidge MP’s statement on behalf of the government – “We have no p

Dear Editor, On 3rd June 2022, a petition signed by 88 senior counsel and 182 junior counsel was hand-delivered to the Department of Justice alerting the minister to the unacceptable state of the criminal justice system in District Courts throughout the State.

Matthew Howse, partner at Eversheds Sutherland in Belfast, considers the impact of the Electronic Communications Code on landowners in Northern Ireland. Despite significant reforms and changes in 2017, the Electronic Communications Code is set to be amended once more when the Product Security and Te