News for June, 2011

The Civil Law (Miscellaneous Provisions) Bill was published last week by the Minister for Justice, Mr Alan Shatter. The Bill amends a wide variety of Acts.

The organisation Solicitors for the Elderly was officially launched yesterday. It is an independent association of Irish solicitors and barristers whose focus is on better legal advice for the older person. The new body forms part of a larger organisation in the UK, which has been in existence since 1999.

After consultation with the Attorney General’s Office, the Minister for Jobs, Enterprise and Innovation, Mr Richard Bruton, published a draft ministerial order this week to amend the Copyright and Related Rights Act 2000. The proposed amendment is to enhance compliance with EU law following the High Court decision of EMI & Ors v UPC (11th October 2010, unreported).

Supreme Court: Judgment of Hardiman J delivered on 1 June 2011, [2011] IESC 17 (Murray CJ, Denham J, Macken J concurring. Fennelly J wrote a concurrent judgment).           Libel – plea of justification – statement of fact - Ord 36, r 36 RSC – mitigation of damages – evidence of reputation - whether publication ‘of or concerning’ plaintiffs – identification evidence – subsequent publication - direction to the jury - Ord 58, r 7(2) RSC – appeal – misdirection - wrong or miscarriage.

The European Parliament passed a non-binding resolution on Credit Rating Agencies (CRA) on 8th June 2011, calling for an overhaul of the industry. The resolution comes one year after EU Commission President Barrosso pledged to rein in CRAs and their powers.

The Bloomsday celebrations taking place today will be the final time that the Joycean event is confined to the straits imposed by Joyce’s copyright protection and the owner of those rights.

Last week the government published the Finance (No.3) Bill. The Bill implements the tax effects of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

Last week the Minister for Jobs, Enterprise and Innovation, Mr Richard Bruton published Pillar A of the new Companies Bill. The Bill is based on the General Scheme of Companies Consolidation and Reform Bill, which was prepared by the Company Law Review Group.

Last week, the European Commission presented an initiative to protect EU funds from fraud. In 2009 alone, Member States reported losses of over €270 million of EU funds in suspected fraud.