News for October, 2020

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October 30, 2020

Bloomsbury IP/IT Law Briefing

The October issue of the Bloomsbury IP/IT Law Briefing is now live for subscribers to Intellectual Property and IT.

October 29, 2020

Court of Appeal refuses to review its own unapproved judgment where the ‘wholly exceptional’ test is not met

Court of Appeal refuses debtor's application for the court to review its own unapproved judgment in proceedings concerning mortgage debts and an issue concerning a cross-border merger involving the respondent bank

October 29, 2020

Wylie on Irish Land Law

The Sixth Edition of Wylie on Irish Land Law is now live for subscribers to Irish Property Law.

October 29, 2020

Tax and Accounting Update: 28th October 2020

The latest release of Tax and Accounting Update is now live for subscribers to UK Tax.

October 26, 2020

Valuation Tribunal was erroneous in finding that the right to street furniture should not be included in valuation

High Court, in a case stated from the Valuation Tribunal, finds that the tribunal was erroneous in point of law in finding that the right to street furniture should not be included in this valuation

October 26, 2020

High Court rules that government acted lawfully in providing travel advice

Ryanair DAC vs An Taoiseach [2020] IEHC 461

Judicial review proceedings – lawfulness of travel advice – whether separation of powers infringed – alleged mandatory language of advice – power to make legislation under s 31 Health Act 1947

On Tuesday 2 October 2020, Mr Justice Garrett Simons delivered judgment in proceedings taken by the appellant airline against the Government, which related to a series of statements advising members of the public against foreign travel. The application for judicial review was supported by Aer Lingus, who had been joined as a notice party. Prior to commencing our discussion of this case, it is worth repeating the point of the learned judge, who noted that the term ‘advice’ has been used throughout the judgment in a guarded sense, as it was a central contention of the appellant that public statements made by the Government were not actually advice but rather, amounted to a formal restriction on travel in a legal sense. The same caveat applies to this case note.
 

October 22, 2020

Failure to discontinue waste operations is in contempt of court

High Court grants application to find the respondents as land owners in contempt of court for persistent failure to abide by Court's final orders (Noonan J) to discontinue waste operations on site made in 2016, on the grounds that, despite being granted time and opportunities to do so, the respondents have failed to put in any valid defence to the allegations of non–compliance being made against them; and the court decides that the appropriate penalty for such contempt is a fine payable to the county council to be a charge on lands in furtherance of achieving full remediation, together with injunctive relief restraining the respondents from dealing in any way whatsoever with their lands.

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