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April 11, 2024

Irish Tax Update for April by Niamh Ryan, BL

The April edition of Irish Tax Update is now live for subscribers of Irish Tax

Niamh Ryan BL writes about the case of John McMahon v Revenue Commissioners. This decision is a useful examination of statutory commencements and the practical consequences of the same.

Key words:

[2024] IEHC 85 – Mr Justice Sanfey – Capital Gains Tax – Validity of Assessment – Non-Resident Discretionary Trust – Making Enquiries – Statutory Time Limits – Capital Payments

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April 10, 2024

April Edition of Prof Wylie's Irish Property Law Update

The April issue of Irish Property Law Update by Professor John Wylie is now live for subscribers to Irish Property Law with the latest updates on:

The monthly update of Irish property law developments written by Professor Wylie is exclusively for subscribers of the Bloomsbury Professional Irish Property Law Service. Each update contains commentary on relevant new cases, legislation, and Law Society practice notes and forms. The updates are set out under the relevant headings of the titles and chapters in the property law service together with links to the related content.

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April 9, 2024

Q&A with author of A Guide to Trade Mark Law and Practice in Ireland (2nd Ed)

Our online editor caught up with Bloomsbury author and Barrister-at-Law, Helen Johnson. Helen is a specialist in intellectual property law and the second edition of her book A Guide to Trade Mark Law and Practice in Ireland offers valuable insight addressing topics such as trade mark searching, online infringement and trade mark protection post-Brexit. It is an indispensable guide for lawyers, those working in the area of IP, candidates intending to sit the Trade Mark Agent exam at the Intellectual Property Office of Ireland, sole traders, entrepreneurs and anyone wanting to protect their brand.

Read the whole article here to discover more, or visit our Bloomsbury website to order your copy. 

April 8, 2024

Irish Wills and Probate Law Update for April – Available Now

The April edition of Irish Wills and Probate is now live for subscribers of the service.

Stephen Spierin and Brian Spierin write about the recent case Estate of Mary Dooley, deceased. This decision concerns an element of ambiguity around the naming of alternative executors and the wording used when drafting wills. They also provide comment and analysis of another recent case, Estate of James Browne, deceased. This was a dispute involving an Australian will and an Irish will, and whether a general revocation clause in the later Australian will had the effect of revoking the Irish will.

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April 5, 2024

Bloomsbury Family Law Briefing April 2024

The April issue of the Bloomsbury Family Law Briefing is now available for subscribers. 

Re T (A Child) [2024] EWCA Civ 189, [2024] WLR(D) 127 – Steps which should be taken by the court to notify adoption order applicants; and what opportunity they should be given to attend any application (see [36]).

Re Y & K (Children: Summary Return Application: Asylum) [2024] EWHC 555 (Fam) (12 March 2024), Cobb J – Asylum seeking Iranian mother who had crossed the channel with children aged five and two. Her refusal of an asylum application subject to judicial review. F’s inherent jurisdiction application refused.

Nottinghamshire County Council v The Mother & Ors (Police Bail) [2024] EWHC 666 (Fam) (22 March 2024), Lieven J – Notts police had rightly left contact with a child in interim care as matter for the family courts not for bail conditions. Contact between a child and her special guardian must be a matter for the circuit judge dealing with the care proceedings.

Re Z (No.5) (Enforcement) [2024] EWFC 44 (4 March 2024), Cobb J – Enforcement of Children Act 1989, Sch 1 order for daughter with extensive medical needs, of wealthy US father made in Re Z (A Child) (No 4) (Schedule 1 Award) [2023] EWFC 25, [2023] 2 FLR 955 (7 March 2023), Cobb J. Including (1) Continuance of the freezing order; (2) Capitalisation of future payments for Z on a ‘true’ payment basis; (3) A Hadkinson order (Hadkinson v Hadkinson [1952] P 285, CA); and (4) Indemnity basis costs order.

Collardeau v Fuchs & Anor [2024] EWHC 642 (Fam) (21 March 2024) – Costs on wife’s abandoned committal proceedings. Costs order summarily assessed and reduced by the judge.

Tortoise Media Ltd v A Local Authority & Ors [2024] EWFC 50 (8 March 2024), Henke J – Care proceedings since August 2023 (transferred to a High Court judge in October 2023) with parallel police investigation. The proceedings ‘involve an issue of considerable public interest’. Application for publication in relation to some, refused at this stage of the case.

A statement for a witness not proficient in English

What is the position where a party or a witness who either cannot speak English at all, or whose use of English or ability to deal with cross-examination (say) in English is limited? It might be thought that this relatively simple question would be open to a relatively simple answer in civil proceedings and a straightforward direction as to practice for foreign language speakers and any English speaking lawyer they may have.

This article will say that NN v ZZ (below) in the Family Division is more helpful to parties, and to practitioners where parties are represented, than a later Kings Bench Division judgment (considered in the article); and that NN v ZZ is fully reported practice guidance. This article seeks to summarise the two cases and what they say – or not – on practice guidance. Each practice direction is the same for family and for civil proceedings rules. The practice involved in these types of case can arise whether a party has representation or is a litigant in person. As Peter Jackson J said in NN v ZZ [2013] EWHC 2261 (Fam), [2016] 4 WLR 9 (26 July 2013):

‘[59] Issues of this sort [on translation of evidence] can arise whether or not a party is legally represented. In international cases, the contribution of experienced solicitors of the kind found in this case is invaluable [The mother’s solicitor, was also qualified in Pakistan and is an Urdu speaker], and I do not intend to be unduly critical of those involved. What occurred is none the less procedurally irregular and potentially unfair to the parties and to the witness.’

And Peter Jackson J went on to set out guidance (quoted in full in this article).




April 5, 2024

UK Tax Legislation (April 2024)

Our UK Tax Legislation content has been updated in line with Finance Act 2024

April 5, 2024

Irish Criminal Law April Update – DPP v Hannah O’Connor

Laura Byrne BL provides an in-depth case analysis of DPP v Hannah O’Connor for our April issue of Irish Criminal Law. This is one of those unusual cases where a technical point in a drink driving case was successful. It builds on a previous Court of Appeal decision in Hodgins and is relevant in underlining the importance of strict compliance with the legislative requirements of the Road Traffic Act 2010 when certificates are deemed to be admissible.

Key words

O’Regan J – High Court – 13 March 2023 – [2024] IEHC 144

Consultative case stated – section 13 certificate – prejudice – duly completed statement – strict compliance

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April 4, 2024

Bloomsbury IP/IT Law Briefing March 2024

The March issue of the Bloomsbury IP/IT Law Briefing is now available for subscribers. 

This month’s IP/IT Law Briefing includes a report on the Supreme Court’s judgment in Lifestyle Equities CV and another v Amazon UK Services Ltd and others [2024] UKSC 8, concerning whether offers for sale on were ‘targeted’ at UK consumers.

The Court of Appeal has upheld Mrs Justice Joanna Smith’s first instance finding that Tesco’s Clubcard Prices campaign infringed Lidl’s registered trade mark for its logo inside a yellow circle within a blue square and committed passing off (Lidl Great Britain Ltd & Anor v Tesco Stores Ltd & Anor (Rev1) [2024] EWCA Civ 262).

It also partially upheld an appeal in a trade mark dispute between two related parties concerning a device trade mark for the letter Q. (Quantum Advisory Ltd v Quantum Actuarial LLP [2024] EWCA Civ 247).

The Court of Appeal reversed a first instance finding that a JCB patent for a method of operating a telehandler was invalid (JC Bamford Excavators Ltd v Manitou UK Ltd & Anor [2024] EWCA Civ 276). In Derma Med Ltd & Anor v Ally & Ors [2024] EWCA Civ 175, it granted an interim injunction restraining use of confidential information, overturning a lower ruling.

In the Patents Court, in Hill v Touchlight Genetics Ltd & Ors [2024] EWHC 533 (Pat), Mr Justice Mellor declined to appoint a scientific advisor in a patent entitlement dispute.

In the Intellectual Property Enterprise Court (IPEC), Deputy High Court Judge Ms Pat Treacy considered three applications relating to the admissibility of without prejudice material in a complex dispute involving patent, trade mark and breach of contract claims (Ocean On Land Technology (UK) Ltd & Anor v Land & Ors [2024] EWHC 396 (IPEC)).

A new report by the World Intellectual Property Organization (WIPO) and the UK Intellectual Property Office (UK IPO) has found that IP-backed lending is becoming more available to UK businesses.

Finally, the EU Court of Justice ruled that Member States cannot exclude independent management entities established in another Member State from providing copyright management services in its judgment in Case C-10/22 Liberi editori e autori (LEA) v Jamendo SA [ECLI:EU:C: 2024:254].

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