News for August, 2023

The August issue of Intellectual Property and IT Law Update is now live for subscribers to Intellectual Property and IT Law.

This month, the team at William Fry write that how shape and colour have been held to be critical in discerning  the distinctive character of composite trademarks. In Case T‑477/21, Glaxo Group Ltd (Glaxo) v European Union Intellectual Property Office (EUIPO), the General Court annulled the decision of the First Board of Appeal of the EUIPO (Board of Appeal) of 19 May 2021, and ordered the EUIPO to pay the costs, including those incurred for the purposes of the relevant proceedings before the Board of Appeal. This decision involved a consideration of whether trademark rights can subsist in particular shapes and colours.

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The August issue of Irish Civil Litigation Update is now live for subscribers to Irish Civil Litigation.

This month features the case of Ulster Bank Ireland DAC v FSPO. The court considered an appeal by the Ulster Bank in relation to three decisions (‘A’, ‘B’ and ‘C’) of the FSPO relating to three separate customers’ entitlements to a tracker rate of interest on their mortgage loan accounts.The parties agreed that in the C decision, the FSPO had issued its final decision prior to the expiry of the time period permitted for Ulster Bank so make submissions on the FSPO’s preliminary decision. As such, it was agreed that this decision should be remitted to the FSPO to permit further submissions. The court in the present case therefore focused on the A and B decisions.

Key Words: 

[2023] IEHC 250 (Bolger J., 22 June 2023)

Financial Services and Pensions Ombudsman Act, 2017 – Central Bank of Ireland’s Tracker Mortgage Examination – Contractual Interpretation – Standard of Review – Right to an Oral Hearing before FSPO

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The title Employer's PAYE/PRSI Guide: 2023 by Neil Metchette is now live on Bloomsbury Professional Online.

Employer's'PAYE/PRSI Guide 2023 provides comprehensive coverage of the PAYE and PRSI rules applicable to Ireland.

Written in non-technical language by an expert tax practitioner, it covers the provisions of the Finance Act 2022, features detailed worked examples and extensive references to recent case law. It also contains a set of tables giving speedy access to allowances, tax rates, compliance deadlines and other invaluable information.

The title Capital Acquisitions Tax Guide: 2023 is now available to subscribers of Irish Tax.

CAT Guide 2023 provides comprehensive coverage of the Capital Acquisitions Tax law applicable to Ireland.

Written in non-technical language by an expert tax practitioner, it covers the provisions of the Finance Act 2022, features detailed worked examples and extensive references to recent case law. It also contains a set of tables giving speedy access to allowances, tax rates, compliance deadlines and other invaluable information.

CAT Guide 2023 is an ideal reference guide that serves as a self-contained textbook and as a pointer to more detailed Bloomsbury Professional publications, such as Capital Acquisitions Tax.

The title CGT Guide: 2023 by Bernard Doherty is now live on Irish Tax for subscribers of the service.

CGT Guide 2023 provides comprehensive coverage of the Capital Gains Tax law applicable to Ireland.

Written in non-technical language by an expert tax practitioner, it covers the provisions of the Finance Act 2022, features detailed worked examples and extensive references to recent case law. It also contains a set of tables giving speedy access to allowances, tax rates, compliance deadlines and other invaluable information.

CGT Guide 2023 is an ideal reference guide that serves as a self-contained textbook and as a pointer to more detailed Bloomsbury Professional publications, such as Irish Income Tax and the Taxation of Companies.

The August edition of Irish Medical Law Update is now live for subscribers of Irish Medical Law.

This month features the case of Mitchell & Mitchell v The Health Service Executive & Ors. There, in a claim for nervous shock brought by the parents of a woman who died from cervical cancer, O’ Connor J. in the High Court considered, inter alia, the interpretation of s 48(2) of the Civil Liability Act 1961 in respect of claims arising from wrongful death and the duty of care in nervous shock cases.

Key Words:

[2023] IEHC 394 – The High Court ‒ Mr. Justice Tony O’ Connor – 6 July 2023

Civil Liability Act 1961, s 48(2) – personal injuries – statutory interpretation – public policy – duty of care – nervous shock

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Family Court Reports Vol 2 Pt 8 (27 August 2023) is now available for subscribers: 

The following cases have been reported in [2023] 2 FCR 8: 

Allami v Fakher [2023] EWCA Civ 532; 2 FCR 805

C & Ors, Re (Care Proceedings: Fact-Finding) [2023] EWCA Civ 38; 2 FCR 821

D v R [2023] EWHC 406 (Fam); 2 FCR 853

D v S [2023] EWFC 23; 2 FCR 866

Z (Disclosure To Social Work England: Costs) [2023] EWHC 982 (Fam); 2 FCR 884

Z, Re (Disclosure To Social Work England: Findings of Domestic Abuse) [2023] EWHC 447 (Fam); 2 FCR 911

Artificial intelligence technology to detect bribery, kickbacks and corruption within companies is being launched in Ireland by the legal firm DLA Piper.

The August issue of Irish Employment Law Update is now live for subscribers of Irish Employment Law.

In this month's edition, Paul Kilraine BL writes about the case of  An Bord Banistíochta, Gaelscoil Moshíológ v The Labour Court. This was an appeal by the Board of Management of Gaelscoil Moshíológ, of a decision of the Labour Court of 3 June 2022 which held that the school principal had been unfairly dismissed and directed his re-engagement.

The case deals with reinstatement and concerns appeals to the Workplace Relations Commission and High Court. It is a length decision and a case that has been running since the dismissal in 2012.

Key words:

Unfair dismissal, Unfair Dismissals Act 1977 (as amended); ESB v Minister for Social Community and Family Affairs [2006] IEHC 59; Bank of Ireland v Reilly [2015] IEHC 241; Circular 60/2009 Department of Education and Science; Lally v the Board of Management of Rosmini Community School [2021] IEHC 633; The Education (Welfare Act), 2000; Kelly v Board of Management of St Joseph’s National School Valleymount County Wicklow [2013] IEHC 392; Hogan, Morgan and Daly, Administrative Law in Ireland (2nd edn, Round Hall, 2019); Fitzgibbon v Law Society of Ireland [2015] 1 IR 516; Doyle v PRTB [2015] IEHC 724; Nano Nagle v Daly 2019 3 IR 369; Power v HSE [2021] IEHC 454; Trafalgar v Mazepin [2020] IEHC 13; Danske Bank v McFadden [2010] IEHC 119; Lobar Limited v Gladney [2018] IECA 129; James Elliot Construction Limited v Irish Asphalt [2011] IEHC 338;

For more, you can purchase a subscription or to request a free trial, email bpireland@bloomsbury.com

A total of 688 employment-equality complaints were dealt with by the Workplace Relations Commission (WRC) from January to June this year.

The three leading grounds for complaints submitted during the first six months of 2023 were disability (24%) closely followed by gender (21%), followed by race at 15%.

Of the 466 employment equality complaints received, some complainants chose more than one ground to make their specific complaint.

A total of 222 equal status complaints related to the provision of goods and services.

Anna Perry, Acting Director General said that the WRC was committed to publishing these statistics every six months, disaggregated by the nine grounds of discrimination.