Articles



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

Bryan McCarthy and Sarah Slevin: Social media wars and the Digital Safety Commissioner Bill

Partner Bryan McCarthy and solicitor Sarah Slevin at Ronan Daly Jermyn write on proposals for greater regulation of social media.

Published 18 September 2018

Ron Moscona: Long way ahead for Copyright Directive

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 Moscona.

Published 17 September 2018

Irish Legal Heritage: Ireland v United Kingdom

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, fourteen men were interrogated with the use of the ‘five techniques’ which had been authorised for ‘interrogation in depth’. The ‘five techniques’ were used by the Army and the RUC to torture the men, and the techniques, which were referred to as ‘disorientation’ or ‘sensory deprivation’, included:

Published 17 September 2018

Richard Grogan on employment law: Time limits to lodge an appeal to the Labour Court

Employment law solicitor Richard Grogan of Richard Grogan & Associates briefly recaps a recent decision of the Labour Court on time limits.

Published 14 September 2018

Euan Duncan: Copyright or copywrong?

Following much controversy surrounding the European Union’s proposed Copyright Directive, MEPs have voted again on the Directive, this time in a vote of support with 438 in favour, 226 against and with 39 abstentions, writes Euan Duncan.

Published 14 September 2018

Irish Legal Heritage: Hanged by a comma

Irish revolutionary Roger Casement, the ‘father of 20th-century human rights investigations’, was knighted in 1911 for his investigations into human rights abuses in the Congo and Peru while he worked a British Consul.

Published 10 September 2018

Barry Crushell: Workplace bullying, harassment and employers' obligation to provide a safe place of work

Barry Crushell, partner at Tully Rinckey Ireland, sets out his view on a recent Court of Appeal judgment on workplace safety.

Published 5 September 2018

Richard Grogan on employment law: Constructive dismissal cases show need for employees to take legal advice before resigning

Employment law solicitor Richard Grogan of Richard Grogan & Associates writes on recent constructive dismissal cases which illustrate the need for employees to take legal advice before resigning.

Published 4 September 2018

Eimear Coughlan: Leases and lender consent – does awareness constitute consent?

Eimear Coughlan, solicitor at O'Flynn Exhams Solicitors in Cork, explores recent case law on leases and lender consent.

Published 31 August 2018