Opinion

Senator Michael McDowell gives his view on the developing row between the German federal courts and the European Union. Over the last few weeks, a furore has been whipped up about the decision of the German federal constitutional court at Karlsruhe, the Bundesverfassungsgericht (BVerfG for short), i

Benjamin Bestgen considers judges and politics (click here to view his last jurisprudential primer). See also our review of Lord Sumption's book dealing with the same theme. In April 2020, Polish Supreme Court President Malgorzata Gersdorf retired. She noted that she had been unable to stop conteste

Lisa Bryson, partner and head of employment at Eversheds Sutherland in Belfast, explores what the re-opening of workplaces in Northern Ireland could look like. Every day brings something new for us all to consider and today’s business leaders will need to consider a number of different issues

Wendy Hederman, partner at Mason Hayes & Curran, considers the status of "smart contracts" in Irish law. As technology develops, smart contracts are becoming technically feasible in areas such as IoT, share transfers, insurance and financial services transactions. But are “smart contracts&

In the latest of a series of recommendations for lawyers staving off boredom in lockdown, the Law Society of Ireland's director general Ken Murphy recommends Hilary Mantel's latest. My big (800-plus page) recent read has been Hilary Mantel’s The Mirror and The Light – the glorious comple

Administrative law expert Paul Daly explores yesterday's judgment in R v Adams [2020] UKSC 19. On two occasions in the 1970s, Gerry Adams, allegedly a leading member of the Irish Republican Army at the time and later a prominent Sinn Féin politician, was convicted of attempting to escape from

Tom O'Malley, a law lecturer and barrister with expertise in criminal law, sentencing, criminal procedure and constitutional law, considers whether the use of non-jury trials in Ireland can be expanded. It has recently been reported that the Bar Council of Ireland has been considering whether ordina

Benjamin Bestgen looks at why you might breathe a sigh of relief knowing his lordship has had breakfast. See his last jurisprudential primer here. Legal television like My Cousin Vinny, Silk or The Good Wife is sometimes used to exemplify courtroom dos and don’ts – the first one having r

Kapil Summan, editor of our sister publication Scottish Legal News, reviews Trials of the State: Law and the Decline of Politics by Jonathan Sumption. Though apt to be caricatured as some sort of anti-judge in the post-prorogation world, iconoclast jurist Jonathan Sumption—in this, h

Hayes solicitors partner Jeremy Erwin and associate solicitor Cian Clinch highlight a recent High Court decision which provides welcome guidance on applications for summary judgment. On 29 November 2019, the Supreme Court, in Bank of Ireland Mortgage Bank v O'Malley [2019] IESC, overturned a decisio

Eversheds Sutherland partner Matthew Howse and principal associate Damian McElholm consider the economic recovery from the coronavirus pandemic. As each day passes, the economic challenges presented by COVID-19 are further illuminated. With the jobs retention scheme portal now open for applications,

Benjamin Bestgen explores trust and trustworthiness in his latest jurisprudential primer. See his last post here. Literature and movies are full of stories that have, either at their core or as a necessary ingredient, the topic of trust and trustworthiness. Recently, Marriage Story (2019) dealt with

Criminal barrister Joanna Hardy shares her experience of remote courts in England. “I haven’t met the defendant, Your Honour,” I tell a screen in my kitchen. Silence. “Can… can you hear me?” My words echo through the judge’s laptop in a courtroom three mile

Ronan Daly Jermyn partner Darryl Broderick and trainee solicitor Sinéad Harrington examine the Irish courts’ general reluctance to grant an extension of the one-year limitation period in defamation cases. In a previous insight here, RDJ examined the 2018 case of Nóirín O&r

Laura Banks, solicitor at Francis Hanna & Co, highlights ongoing inequality in the bereavement benefits system. One of the most encouraging aspects of the government's response to the pandemic has been how quickly measures have been put in place and laws have been passed in order to support peop