News for September, 2011

September 29, 2011

Proposals for EU Tax on Financial Transactions

Yesterday, the EU Commission published a proposal for a common system of taxation of financial transactions between financial institutions. It recommends the taxation of share and bond transfers at a rate of 0.1% and derivative contracts at 0.01%.

September 27, 2011

CASE SUMMARY: Cosgrave v DPP & Ors

Judgment of Hedigan J delivered on 28/07/2011, High Court, [2011] IEHC 312
Judicial review – prohibition of proceedings – abuse of process – multiplicity of trials – fair trial – legitimate expectation – Article 6 of ECHR – delay – Public Bodies Corrupt Practices Act 1889 – Electoral Act 1997.

September 26, 2011

CASE SUMMARY: Dolan v Reynolds

Judgment of Abbott J delivered on 11/02/2011, High Court, [2011] IEHC 334
Succession Act 1965 – intestacy - trespass – mandatory injunction – vacant possession – registered property – assent of personal representative – unadministered estate - adverse possession – exclusive possession – estoppel – delay – Statute of Limitations 1957.

September 19, 2011

Insurance (Amendment) Bill 2011

The Minister for Finance, Michael Noonan, published the Insurance (Amendment) Bill 2011 last week. The Bill amends the Insurance Act 1964 and changes the scope of the Insurance Compensation Fund (ICF).

September 14, 2011

Constitutional Referendum on Oireachtas Inquiries

The Minister for Public Expenditure and Reform, Brendan Howlin, published the Thirtieth Amendment of the Constitution (Houses of the Oireachtas Inquiries) Bill 2011, for the amendment of Article 15.10 of the Constitution.

September 13, 2011

EU Reform of Bilateral Energy Deals

Last week, the European Commission published a proposal for a Parliament and Council Decision on the exchange of information for energy agreements between Member States and Non-Member States.

September 9, 2011

CJEU Decision on MEP Immunity

The Court of Justice of the European Union (CJEU) published a judgment (Case C-163/10) delineating the immunity enjoyed by Members of the European Parliament under EU law when they express an opinion or cast a vote.

September 9, 2011

CASE SUMMARY: Murphy v Registry of Deeds and Anor

Kearns P, 9/8/2011, [2011] IEHC 320
Judicial review – order of certiorari – Landlord and Tenant (Ground Rent) (No 2) Act 1978 – Registry of Deeds - assignment of lease – vesting certificate – consent - Ord 84, r 21 RSC – leave to apply - delay – matter of private law – locus standi - non-adjudicative decision.

September 2, 2011

Legislation Proposed by European Parliament to Reform EU Mortgage Market

The European Parliament Committee on Economic and Monetary Affairs presented a draft report this week proposing new legislation in an attempt to reform the EU mortgage industry. Its aim is to improve consumer protection in the mortgage industry, to boost consumer confidence and to have a stabilising effect on the economy.

September 1, 2011

US Court Chooses not to Decide on EU Trademark Rights of Levi Strauss & Co

The District Court of Northern District of California has refused to consider whether the trademark rights of Levi Strauss & Co under EU trademark law have been infringed. Levi Strauss, the plaintiff, claimed relief under both US federal and state law for trademark infringement, trademark dilution, cyber-squatting and unfair competition.