News for May, 2011

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May 30, 2011

DPP Defends Delay in Anglo Probe

The Director of Public Prosecution, Mr James Hamilton, has defended the time taken in the prosecution of cases involving Anglo Irish Bank and stated that the delay is not due to a shortage of resources at the office of the DPP.

May 27, 2011

Overview of the Finance (No. 2) Bill 2011

The Finance (No. 2) Bill 2011 was published on 19th May by the Minister for Finance, Mr Michael Noonan. The aim of the Bill in conjunction with the jobs initiative, is to foster growth in the economy through the creation of jobs. It is expected that the Bill will progress through the Oireachtas in the next few weeks. The Bill comprises six sections only.

May 25, 2011

CASE SUMMARY: Irwin v. Deasy

Supreme Court: Judgment of Finnegan J. 13/05/2011, [2011] IESC 15
Sale in lieu of partition – co-ownership of land - registered land – order for sale – Revenue Commissioners – judgment mortgagee – jurisdiction of court to make order – Registration of Title Act 1964 – Judgment Mortgage (Ireland) Act 1850 - enforcement of a charge - remedy as if conveyance - Land and Conveyancing Law Reform Act 2009 – appeal dismissed.

May 23, 2011

Launch of New Family Law Services

The Chief Justice, Mr Justice John Murray unveiled a new family law service on 16th May. It is a pilot scheme that is to be initially implemented in the Dublin District Family Law Court only.

May 13, 2011

Changes at OHIM

Following a period of extensive consultation, the Office for Harmonization in the Internal Market (OHIM) based in Alicante, is planning to restructure its organisation. OHIM was established in 1994 and manages the Community Trade Mark and Designs System.

May 12, 2011

Abolition of Expert Witnesses’ Immunity in the UK

In a judgment of the 30th March 2011, the UK Supreme Court lifted the immunity that was long afforded to expert witnesses.

May 12, 2011

EU Parliament calls for Legislation to Improve Recovery of Cross-Border Debt

The European Parliament issued a resolution on the 10th May 2011, petitioning the EU Commission to propose new rules on cross-border debt recovery. The resolution is in response to the current low rate of success in cross-border debt recovery.

May 11, 2011

Call for the Return of Patent Tax Relief

An Offaly based engineering firm has lobbied the government for the reintroduction of the tax relief on patent royalties.

May 11, 2011

Ten Things to Know About the Multi-Unit Development Act 2011

The Act commenced on 1st April 2011.

May 9, 2011

CASE SUMMARY: ACC Bank PLC v Johnston practising as Brian Johnston & Co. Solicitors (Traynor and anor, third parties)

Undertakings of solicitors – loan monies for specific purpose - dissolution of partnership –moment of dissolution - by notice – by court - oral or written agreement – retrospectively continuing agreement - notification to customers – actual or ostensible authority – acts or omissions – s 36(1) Partnership Act 1890– obligations of former partners - concurrent wrongdoers – third party – same damage – s 11 Civil Liability Act 1961.

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