News for November, 2012

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November 28, 2012

CASE SUMMARY: Nowak v Data Protection Commissioner

Judgment delivered by Birmingham J on 7/3/12, [2012] IEHC 449  Data Protection Acts – examination script – whether personal data – retrievable data – frivolous or vexatious – jurisdiction - no decision to appeal.
 

November 28, 2012

Lower Cost of Examinership for SMEs

Last week, the Minister for Jobs, Enterprise and Innovation, Richard Bruton announced changes to the examinership procedure which are to be implemented under the new Companies Bill.

November 26, 2012

One Month in a Minute: November 2012

Sarah Laing CTA summarizes recent developments in UK tax

November 26, 2012

VAT news and cases roundup: November 2012

Andrew Needham of VAT Specialists Limited comments on the latest developments in VAT

November 26, 2012

Courts and Tribunals: November 2012

Julian Harris summarises selected recent decisions.

November 26, 2012

Arguing with HMRC

Mark McLaughlin discusses how best to prepare when it is necessary to dispute a decision with HMRC

November 23, 2012

CASE SUMMARY: Employment Appeals Tribunal

Case no UD1775/2010, heard on 17 and 18 April 2012  Unfair Dismissal – constructive dismissal – bullying and harassment – appeal of internal investigation – all avenues to be exhausted.

November 20, 2012

EU Commission can Bring Action for Damages on behalf of EU in National Court

Europese Gemeenschap v Otis NV and Others, Case C-199/11 This was a preliminary reference from a court in Belgium to the Court of Justice of the European Union. In 2007, the EU Commission imposed a fine of over €900m on Otis, Kone, Schindler and Thyssen Krupp companies for operating a cartel.

November 9, 2012

CASE SUMMARY: Employment Appeals Tribunal

Case No UD242/2011, heard on 4 July 2012  Independent contractor or employee – jurisdiction to hear matter – individual circumstances – no definitive test – overall effect.
 

November 5, 2012

CASE SUMMARY: McCrystal v The Minister for Children and Youth Affairs & Ors

Judgment delivered by Kearns P, ex tempore, on 1 November 2012, [2012] IEHC 419   Bunreacht na hÉireann – new Article 42 A – ‘Children’s Referendum’ – neutrality of information – use of public funds – breach of Article 46 – whether in favour of yes vote.

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