Articles



Alan Desmond: Regularisation needed to protect undocumented migrants from exploitation

Alan Desmond, lecturer at Leicester Law School, sets out the legal context to two recent high-profile deportation cases.

Published 30 October 2018

Irish Legal Heritage: President Ó’Dálaigh’s resignation

With the sudden passing of Erskine Childers in November 1974, Cearbhall Ó'Dálaigh was nominated as the sole presidential candidate by the three main political parties of the time, becoming the fifth President of Ireland in December 1974. During Ó'Dálaigh's presidency, Liam Cosgrave served as Taoiseach in the Fine Gael-Labour Government. The tensions between Cosgrave as the leader of Fine Gael, and Ó'Dálaigh as a president with a Fianna Fáil background, ultimately led to a constitutional crisis and Ó'Dálaigh's resignation.

Published 26 October 2018

Donal Dunne: When are witness statements no longer privileged?

Donal Dunne, associate in the dispute resolution team at Eugene F. Collins, writes on a recent High Court decision clarifying Irish law on litigation privilege over witness statements.

Published 25 October 2018

Richard Grogan: Can a union official give legal advice?

Employment law solicitor Richard Grogan of Richard Grogan & Associates writes on a recent case clarifying the role of trade union officials in providing legal advice.

Published 24 October 2018

Irish Legal Heritage: Blasphemy law in Ireland

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 person who publishes or utters blasphemous matter shall be guilty of an offence and shall be liable upon conviction on indictment to a fine not exceeding €25,000.

Published 19 October 2018

Professor Colin Harvey: Human rights in Northern Ireland under the spotlight as Brexit approaches

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.

Published 18 October 2018

Blog: Does bad behaviour in a marriage result in a larger award to the spouse?

Clare Curran, partner and head of the matrimonial department at Worthingtons Solicitors in Belfast, writes on how divorce awards are determined.

Published 16 October 2018

Dr Brian Barry: Why the process of appointing judges really matters

Dr Brian Barry, lecturer at DIT School of Law, writes on the importance of an appointments process that protects the independence of the judiciary.

Published 15 October 2018

Irish Legal Heritage: One Man, One Vote

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 by the Representation of the People Act 1948, but this did not extend to local council elections in Northern Ireland.

Published 12 October 2018

Irish Legal Heritage: The Case of Tanistry

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 ‘tanistry’ and ‘gavelkind’ meant that British control of Ireland was limited to port towns and an area around Dublin.

Published 5 October 2018

Tobias Lock: MPs bid for right to stop Brexit will likely succeed

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

Published 1 October 2018

Irish Legal Heritage: Well-heeled articulate women

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 Married Persons Tax Reform Association (MPTRA), which had been established in 1977 to campaign against the law which discriminated against married women who worked.

Published 28 September 2018

Celia Worthington: Are your terms certain?

Celia Worthington, consultant at Worthington Solicitors in Belfast, writes on a recent case in the Court of Appeal in England and Wales.

Published 25 September 2018

Irish Legal Heritage: Marital Rape

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’.

Published 21 September 2018

Richard Grogan on employment law: Transfer of Undertaking Regulations are a trap for the unwary

Employment law solicitor Richard Grogan of Richard Grogan & Associates writes on regulations that regularly catch out solicitors, especially in commercial departments.

Published 20 September 2018