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April 22, 2024

April 2024 Scots Law Update Now Available

The April issue of the Scots Law Update is now available for subscribers. 

This update examines the opinion of the court delivered by Sheriff Principal N A Ross in the appeal in the cause Michael Marshall against Berkshire Hathaway International Insurance Company Limited. 

April 22, 2024

Exculpatory Statement To Solicitor Deemed Inadmissible

Director of Public Prosecutions v R.M. [2024] IECA 75 (Court of Appeal, Kennedy J, 8 April 2024)

Court of Appeal determined that an exculpatory statement made by the defendant to his solicitor and presented during trial was inadmissible, on the grounds that the statement, being wholly exculpatory, did not meet the exceptions to the hearsay rule and its admission was not required by fairness, and the defendant had been given ample opportunity to respond to the allegations with legal advice and that the trial process had not been unfair.

Court of Appeal – hearsay rule – exculpatory statement – admissibility – fairness in trial – Criminal Procedure Act 1967People (DPP) v JD – inadmissible evidence – right to silence – memorandum of interview – due course of law – aggravated burglary – voir dire – legal advice – cross-examination – JD decision – pre-trial procedures – Article 38 of the Constitution – self-incrimination – unfair trial.

April 18, 2024

Latest Issue of IP and IT Law Update

The latest issue of the Intellectual Property and IT Law Update is now live for subscribers of Intellectual Property and IT Law.

This month, the expert team at William Fry write about LEGO's intellectual property rights which have once again come under scrutiny in the European General Court. Late last year, LEGO successfully defended a challenge to the validity of its three-dimensional trade marked minifigures. This latest challenge concerns the validity of LEGO's Registered Community Design (RCD), ‘building block from a toy building set’. Read more for the Court’s decision and the implications of this on intellectual property.

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