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News
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November 29, 2023
The November issue of Irish Employment Law Update is now live for subscribers of Irish Employment Law.
In this month's edition, Paul Kilraine BL writes about the case of The Revenue Commissioners v Karshan Midlands Ltd t/a Domino’s Pizza. This appeal concerned drivers who provide delivery services for the respondent’s pizza business. The respondent contended that the drivers were engaged as independent contractors under contracts for services, whereas the appellant argued that the drivers were employees retrained under contracts for services.
Key words:
[2023] IESC 24
20 October 2023 ‒ O’Donnell CJ, Dunne J, Baker J, Woulfe J, Hogan J, Murray J, Collins J.
Employment relationship; independent contractors; contract of service; mutuality of obligations; Taxes Consolidation Act 1997(as amended); Schedule D: schedule E; Ready Mixed Concrete (South East) Ltd. V Minister for Pensions and National Insurance [1968] 2 QB 497; Market Investigations v Minister of Social Security [1969] 2 QB 173; Airfix Footwear Ltd. V Cope [1978] ICR 1210; O’Kelly v Trusthouse Forte Plc [1983] ICR 728; McMeechan v Employment Secretary [1997] ICR 549, [1997] IRLR 353; Carmichael and anor v National Power plc [1999] AC 2042; Henry Denny & Sons (Ireland) Ltd v Minister for Social Welfare [1996] 1 ILRM 418 (HC), [1998] 1 IR 34 (SC); Castleisland Cattle Breeding Society Limited v The Minister for Social Welfare [2004] IESC 40, [2004] 4 IR 150; The Minister for Agriculture and Food v Barry and ors [2008] IEHC 216, [2009] 1 IR 215; Akhtar v Minister for Justice, Equality and Law Reform [2019] IEHC 510; Cornwall County Council v Prater [2006] EWCA Civ. 102, IRLR 362; Autoclenz Ltd v Belcher [2011] UKSC 41; Weight Watchers (UK) Ltd and ors. V The Commissioner for Her Majesty’s Revenue and Customs [2011] UKUT 433; The Commissioner for Her Majesty’s Revenue and Customs v Professional Game Match Officials Limited [2021] EWCA Civ. 1370; R(IWGB) v CAC [2021] EWCA Civ 952;
For more, you can purchase a subscription or to request a free trial, email bpireland@bloomsbury.com
November 28, 2023
Hughes v Iconic Newspapers Limited T/A Leinster Leader [2023] IEHC 635 (High Court (General), Ferriter J, 16 October 2023)
The High Court, in defamation proceedings, granted an order directing that the plaintiff can add a newspaper publisher as a second defendant, despite being outside the statutory 12-month limitation period, on the grounds, inter alia, that: the potential prejudice to the plaintiff significantly outweighed that to the defendant; and but for the misleading information as to the publisher of the newspaper contained on its website, the defendant would not be in a position to advance any statute defence because if the correct information had been published there, the proceedings would have been issued against it within the 12-month period.
November 28, 2023
A note has been added to the Making Tax Digital Tracker to reflect the announcement in the Autumn Statement that MTD ITSA will not be extended to landlords and sole traders at this time. Other announcements on 22 November are also summarised here. A full update will follow when more information is available.
November 27, 2023
The Fifth Edition of A User's Guide to Data Protection: Law Policy and Practice is now available for subscribers.
Are you ready if a client wishes to make a data protection claim, or needs to defend one?
This title is a first port of call, providing clear guidance through the complex web of data protection issues and regulation.
The Fifth Edition includes analysis of new cases and in-depth coverage of:
- The Data Protection and Digital Information (No. 2) Bill
- The Online Safety Bill
- New data fines
- New official documentation from the Department for Digital, Culture, Media & Sport, and the Information Commissioner’s Office
- New EU guidance from the European Data Protection Board and the European Data Protection Supervisor
- New EU data transfer rules, including those concerning controllers and processors
- Developing legal, practice and technology issues
This is an essential guide for IP practitioners, data protection and compliance officers, HR professionals, local authorities, as well as for academics and students of this area of the law.
You're looking at 1–10 of 4401 items.