News for July, 2011

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July 29, 2011

CJEU to Decide on Legality of Live TV Streaming

The High Court of England and Wales plans to make a reference to the Court of Justice of the European Union (CJEU) to clarify whether TV Catch Up, a company that streams live TV on the internet, operates in breach of copyright law.

July 29, 2011

CASE SUMMARY: Dunleavy v Swan Park Ltd

Judgment of O’Neill J delivered on 27th May 2011, High Court, [2011] IESC 232
Personal injuries – hair treatment – damage to hair and scalp – physical and psychological effects – assessment of damages – application to dismiss – whether fraudulent claim – Civil Liability and Courts Act 2004, s 26 – general damages – loss of income.

July 28, 2011

The Proposed Introduction of Collective Redress in EU Law

Earlier this month, the EU Justice Commissioner, Viviane Reding welcomed the report of the Parliament Committee on the issue of collective redress and if or how it should be introduced into EU law. The rules on collective redress vary widely across the 27 Member States. The Commission is currently examining whether specific EU rules on collective actions should be implemented.

July 22, 2011

Launch of Children First: National Guidance for the Protection and Welfare of Children 2011

Last week, the Minister for Children and Youth Affairs, Ms Frances Fitzgerald launched Children First: National Guidance for the Protection and Welfare of Children 2011. It is a guidance document for organisations to help safeguard children against abuse and neglect.

July 21, 2011

CASE SUMMARY: Kane Motors Ltd v Opel Ireland Ltd

Judgment of Laffoy J delivered on 21st February 2011, High Court, [2011] IEHC 242
Application to strike out/dismiss – want of prosecution – inordinate and inexcusable delay – claim for damages, declaration and injunction – reason for delay – availability of witnesses – inadequacy of documentation – discretion of court – balance of justice – acquiescence – failure to bring motion to strike out – defence prejudiced – probability of unfair trial – proceedings dismissed.

July 20, 2011

Fianna Fáil Unveils Family Home Bill and Debt Management Advisors Bill

On the 12th July 2011, Fianna Fáil published plans to deal with the issues of families at risk of losing their homes and personal debt. As part of the strategy document, Fianna Fáil produced two Bills: a Regulation of Debt Management Advisors Bill and a Family Home Bill.

July 15, 2011

Memorandum on Judicial Pay

Senior judges released an unsigned memorandum in response to government proposals to cut their salaries.  The essence of the judges’ memorandum is that they do not object to an amendment of the Constitution to facilitate a reduction in judicial pay.

July 14, 2011

Liability of Online-Marketplace Operators for Trade Mark Infringement of Users

The European Court of Justice produced a judgment earlier this week that significantly fetters the manner in which eBay operates its online auction sites. In the case of L’Oréal & others v Ebay (Case 324/09), the CJEU clarified the issue of trade mark infringement in the context of online-marketplace operators.

July 13, 2011

JLC System Declared Unconstitutional

Last week, the High Court found the legislation governing the Joint Labour Committee (JLC) and Employment Regulation Order (ERO) regime to be invalid in John Grace Fried Chicken Ltd & QFSA v Catering Joint Labour Committee, the Labour Court, Ireland and the Attorney General [2008 No 10663 P].

July 11, 2011

Ireland Publishes Regulations to Implement EU Directive UCITS IV

Last week, the Department of Finance published regulations that implement the EU UCITS IV Directive (2009/65 EC). UCITS stands for Undertakings for Collective Investment in Transferable Securities. It is the most recent in a series of such directives and is effective from 1st July 2011.

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