Under Article 40.6.1(i) of the Constitution of Ireland, the ‘publication or utterance of blasphemous, seditious, or indecent matter is an offence which shall be punishable in accordance with law’. Pursuant to this mandate, Section 31(1) of the Defamation Act 2009 states that ‘a per
Analysis
Professor Colin Harvey, professor of human rights law at QUB School of Law, writes on the impact that Brexit could have on human rights in Northern Ireland. The impact of Brexit on human rights and equality in Northern Ireland is gaining increased attention. This is welcome. The public conversation
Clare Curran, partner and head of the matrimonial department at Worthingtons Solicitors in Belfast, writes on how divorce awards are determined. One aspect of divorce that surprises many clients when they come to discuss a marriage breakdown is how bad behaviour on the part of their spouse, perhaps
Dr Brian Barry, lecturer at DIT School of Law, writes on the importance of an appointments process that protects the independence of the judiciary. The appointment of Brett Kavanaugh to the US Supreme Court thrust the process for appointing judges to that court into the international spotlight. Asid
The Northern Ireland Civil Rights Association (NICRA) was established in 1967, and one of its main goals was to achieve 'one man, one vote' in Northern Ireland. The plural voting system, which gave business owners and university degree holders an extra vote, had been abolished in the rest of the UK
On 4 April 1603, the Treaty of Mellifont officially finalised the Tudor conquest of Ireland, however by 1606 it became clear to the British Crown that Brehon law, or ‘the common law of the Irishry’, was still being administered in Ireland. In particular, reliance on the customs of &lsquo
It’s hard to believe only ten years have passed since touch screen phone keyboards entered the mainstream, sweeping away the misery of millions who otherwise had to type messages with a number pad. Unfortunately for BlackBerry and its iconic QWERTY keyboard, the touch screen revolution also h
Andy Wightman and others asked the Court of Session to make a judgment that Article 50 can be revoked unilaterally and unconditionally by the UK Parliament. The Court of Session has now agreed to refer this question to the European Court of Justice (ECJ), the only court that can decide this matter a
In Murphy v Attorney General [1982] IR 241, a married couple challenged the constitutionality of ss. 192-198 of the Income Tax Act 1967 which deemed the income of a married woman, living with her husband, be her husband’s income for tax purposes and not her own. The case was supported by the
Celia Worthington, consultant at Worthington Solicitors in Belfast, writes on a recent case in the Court of Appeal in England and Wales. An essential element to any contract is certainty of terms. A recent case in the Court of Appeal, Robert Bou-Simon –v – BGC Brokers LP, highlighted the
Marital rape only became a crime under section 5 of the Criminal Law (Rape) (Amendment) Act 1990, which abolished ‘any rule of law by virtue of which a husband cannot be guilty of the rape of his wife’. Under the common law prior to the Criminal Law (Rape) (Amendment) Act 1990, a h
Employment law solicitor Richard Grogan of Richard Grogan & Associates writes on regulations that regularly catch out solicitors, especially in commercial departments. Case ADJ12743 is a timely reminder, for those thinking of issuing proceedings where there has been a transfer under the Transfer
Partner Bryan McCarthy and solicitor Sarah Slevin at Ronan Daly Jermyn write on proposals for greater regulation of social media. Recent, high-profile controversies have thrown a pointed spotlight over social media/online multi-nationals and the extent to which their users should be protected from t
This week the EU Parliament adopted a new revised draft of the Directive on Copyright in the Digital Market. The proposed EU legislation includes some significant changes to the copyright regime and a couple of surprise additions introduced at the last minute by the EU Parliament, explains Ron Mosco
Between the 9th and 10th of August 1971, the British Army initiated ‘Operation Demetrius’ in Northern Ireland – which involved the arrest and internment of hundreds of people suspected of being associated with the IRA. Of those arrested and interned during Operation Demetrius, four