Analysis

This has been another eventful month for Gavin Booth. On Friday 7 October, a judge at the High Court in Belfast ruled that the PSNI was in breach of a legal duty to carry out an effective investigation into a fatal loyalist gun attack on a pub in Co Down 30 years ago, which involved allegations of c

The Constitution of the Irish Free State was adopted by Act of Dáil Éireann 100 years ago yesterday. The 1922 Constitution officially came into effect just over a month later in early December after receiving royal assent. It was Ireland’s first Constitution and contained 83 Arti

Richard Gray, partner and head of corporate at Belfast-based Carson McDowell, welcomes new clarity on creditor duty. The UK Supreme Court considered the existence, content, and engagement of ‘creditor duty’ for the first time ever in the matter of BTI 2014 LLC (Appellant) v Sequana SA an

The Supreme Court delivered its judgment in O'Shea v Tilman Anhold & Horse Holiday Farm Ltd on the 23rd of October 24 years ago. The case related to a night-time collision between the plaintiff’s car and a horse owned by the second-named defendant holiday farm. The incident caused signific

The High Court gave judgment in the momentous case of Foy v An t-Ard Chláraitheoir 15 years ago today. Dr Lydia Foy is a trans woman who had sex reassignment surgery in 1992. She was the first person in Ireland to issue legal proceedings seeking legal recognition and a new birth certificate r

Pope Gregory IX, the 178th pope of the Catholic Church from 1227 to 1241, is often remembered for issuing a Papal Bull declaring that cats bore Satan’s spirit, which subsequently led to huge numbers of cats being killed throughout Europe. The mass extermination of the continent’s felines

Fergal McGoldrick, a senior associate in Carson McDowell’s media, communications & reputation team, casts his eye over the new Northern Irish “Pre-Action Protocol for Defamation and Other Media and Communication Claims” and its implications for the kaleidoscope of 21st century

Matthew Austin, partner at Hayes solicitors, examines a court ruling clarifying directors' duties under the law. In the recent case of Fennell v Appelbe, both the High Court and the Court of Appeal confirmed the restriction of a director of an insolvent company for a period of five years. The courts

The European Court of Human Rights (ECtHR) gave judgment in the significant case of Airey v Ireland 43 years ago this Sunday. The case was taken by the late Josie Airey who sought a High Court separation order from her abusive and alcoholic husband of around 20 years. However, Mrs Airey could not af

Comyn Kelleher Tobin partner Denise Kirwan and intern Anna McCormack give an overview of recent changes to child care law in Ireland. The Child Care (Amendment) Act 2022 was signed into law by the President on 19th July 2022. When introducing the Act as a bill in the Dáil, Minister for Childr

Dr Laura Cahillane calls for legislative reform to end the practice of directly elevating attorney generals to the bench. Last June, during the report stage of the Judicial Appointments Commission Bill, the Sinn Féin justice spokesman Martin Kenny put down an amendment to create a cooling-off

The UK Supreme Court will soon have the opportunity to settle the law relating to the proximity issue of plaintiffs as secondary victims in claims arising from clinical negligence, writes Belfast barrister James Stitt. On 13th January 2022 the Court of Appeal of England and Wales handed down judgeme

Eoghan O'Sullivan of KOD Lyons considers the circumstances in which players can cross the line on the pitch and end up before the criminal courts. This year's season of GAA games saw some exciting and amazing displays of athleticism from the best that our counties have to offer in both hurling and f

Lyn McCarthy and Fergal Mullins of Hayes solicitors examine a recent High Court judgment concerning an interim suspension application brought by a professional regulator. The recent judgment of Ms Justice Irvine in relation to an interim suspension application brought by the Health and Social Care P

Hannah Boyd of Eversheds Sutherland in Belfast examines how 'green leases' can be used to tackle the climate crisis. As businesses and corporations explore ways in which they can do their part to tackle the climate crisis, the role of commercial real estate cannot be understated. It’s estimate