Articles



Supreme Court agrees with the State that the enactment of legislation does not amount to “legitimate expectation”

Although the State’s appeal was ultimately dismissed due to the absence of any substantive effect flowing from the decision, the Supreme Court has unanimously agreed with the State that legislation should not amount to legitimate expectation that can be breached and therefore result in the pursuance of damages.

Published 21 July 2016

Dáil approves Legal Services Regulatory Authority appointments

TDs today approved the appointment of eleven members to the new Legal Services Regulatory Authority.

Published 21 July 2016

Oireachtas approve new Criminal Assets Bureau powers to seize assets

A bill to provide Criminal Assets Bureau (CAB) officers with the power to seize and detain property suspected to be the proceeds of crime has been approved by the Oireachtas.

Published 21 July 2016

Tughans tops Experian dealmaking tables

Belfast firm Tughans has topped the Experian Deal Review and Advisor League Tables for the number of deals done in Northern Ireland in the second quarter of 2016.

Published 21 July 2016

UKSC: Collateral lie not fatal to insurance claim

ed by a flood in her engine room. Her main engine was damaged beyond repair. The flood was caused by (i) the crew’s negligence in failing to close the sea inlet valve in the emergency fire pumps, (ii) damage to the pumps, (iii) the negligence of previous contractors who had failed to seal bulkheads and (iv) defects in the engine room pumping system. The appellant owners presented an insurance claim to the respondent insurers for €3,241,310.60. They told the insurer’s solicitors that the crew had informed them that the bilge alarm had sounded at noon that day, but could not be investigated because the vessel was rolling in heavy weather. This was a lie told by the owners to strengthen the claim, accelerate payment under the policy, and take the focus off any defects in the vessel for which the owners might have been responsible. The lie was in fact irrelevant to the claim, since the vessel’s loss was found to have been caused by a peril of the seas. But the judge held that the owners’ lie was a “fraudulent device”, which meant the insurers did not have to pay out under the policy. The Court of Appeal agreed.

Published 21 July 2016

O'Dwyer Solicitors to work with Hausfeld over Volkswagen prosecution

Mayo firm O'Dwyer Solicitors is teaming up with the Berlin office of US firm Hausfeld to prosecute Volkswagen in the European Union over the emission's scandal.

Published 21 July 2016

Leman Solicitors appoints new chief operating officer

Dublin firm Leman Solicitors has announced the recent appointment of Ian Bowell as chief operating officer.

Published 21 July 2016

UK: National Archive withholds Mark Thatcher Oman files

Large numbers of files that were due to be released have been withheld from the latest batch of files from the National Archives, despite promises that restrictions on many documents would be lifted.

Published 21 July 2016

Turkey temporarily suspends ECHR following coup attempt

Turkey is to temporarily suspend the European Convention on Human Rights (ECHR) as part of its state of emergency declared in the wake of an attempted coup apparently led by members of the Gülenist movement.

Published 21 July 2016

Cleaver Fulton Rankin to host Ghostbusters screening

Belfast firm Cleaver Fulton Rankin Solicitors is set to host a charity cinema screening of 1984 film classic Ghostbusters.

Published 21 July 2016

State loses Supreme Court case involving the reissue of arrest warrants for woman’s failure to pay fines

The State has lost a case in the three-judge Supreme Court over whether committal warrants issued due to a woman's failure to pay road traffic fines were properly reissued.

Published 20 July 2016

Paul Tweed leads criticism of recommendations for defamation law reform

Belfast lawyer Paul Tweed of Johnsons Solicitors has told Irish Legal News that recommendations to extend British defamation law reforms, including the "serious harm" test, to Northern Ireland would cause legal costs to "go through the roof".

Published 20 July 2016

High Court and Court of Appeal vacancies filled

Barristers Úna Ní Raifeartaigh SC and Paul Coffey SC have been nominated for appointment as High Court judges, The Irish Times reports.

Published 20 July 2016

Brexit: First legal challenge over Article 50 to take place in October

The first legal challenge over Brexit, focussed on the question of whether the Prime Minister requires the approval of MPs to activate Article 50 and begin the process of leaving the European Union, will be heard by the High Court in London this October.

Published 20 July 2016

UK law firms see continued growth as ABSs make headway

A financial and professional services lobbyist has reported continued financial growth for UK-based legal services firms, with gross fees up 1.3 per cent to a record £30.9 billion in 2014/15, as well as significant structural reform which has seen alternative business structures (ABS) make gains in the market.

Published 20 July 2016