News for August, 2011

The Law Reform Commission (LRC) has recently published a Report on Children and the Law: Medical Treatment (LRC 103-2011), proposing extensive legislative change in the area.

Judgment of Hogan J, 19/07/11, High Court, [2011] IEHC 300                                                                                                                                                          Statute of Limitations (Amendment) Act 1991 – Liability for Defective Products Act 1991, s 7(1) – Civil Liability and Court Acts 2004, s 7 – negligence - personal injuries – statute barred – three or two years – whether deemed provision of other Act – limited provisions not full act - three year limitation period.

The Master of the Rolls of England, Lord Neuberger, issued a practice direction establishing a pilot scheme for recording statistical information about court applications for non-disclosure orders or super-injunctions. The scheme took effect from the 1st August 2011 and will operate until 31 July 2012.

Last week, the European Securities and Markets Authority (ESMA) announced that securities regulators in France, Belgium, Italy and Spain are curtailing the use of short-selling in their respective countries, in an effort to stabilise the markets and restore confidence.

The Minister for Jobs, Enterprise and Innovation, Richard Bruton, launched a consultation process and published proposals for the reform of the employment rights and industrial relations procedures and institutions.

Judgment of Dunne J delivered 25/07/2011, High Court, [2011] IEHC 275
Order for possession – registered property – mortgage – summary judgment – Registration of Title Act 1964, s 62(7) – repeal of enactment –  Land and Conveyancing Law Reform Act 2009, s 8 – right acquired or accrued – to apply for order – judicial discretion –Interpretation Act 2005, s 27 – date of repeal – date payment due – date of demand.

The Central Bank (Supervision and Enforcement) Bill 2011 was published at the end of July. The Bill endeavours to address the past failures of financial services regulation and it attempts to reinforce the regulatory powers of the Central Bank in accordance with the EU/IMF Programme of Financial Support for Ireland.