News for December, 2023

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

The team at William Fry have written an article entitled Data Privacy in Sports: Advocate General Issues Opinion on Disclosure of Doping Athlete's Details. An Advocate General (AG) to the Court of Justice of the European Union (CJEU) issued an opinion balancing data privacy and transparency against Austria's anti-doping rules. The opinion by AG Ćapeta considered whether the online publication of information about a professional athlete who was found guilty of breaching anti-doping rules was compatible with the General Data Protection Regulation (GDPR).

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The December 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 John Barrett v The Commissioner of An Garda Síochána and The Minister For Justice which was an appeal of a refusal of an interlocutory injunction by the High Court

The appellant was the Executive Director of HR and People Development with An Garda Síochána and a member of its Senior Leadership Team and was the subject of a disciplinary process commenced by May 2018, and the process was expanded by Commissioner Drew Harris in October 2018. It involved an investigation by a senior counsel, with the appellant participating for a significant period of time, and being represented by a solicitor, junior and senior counsel before later withdrawing.

An investigation report was furnished to the Minister for Justice, and a recommendation was made in December 2020 by the Commissioner that the appellant be dismissed.

The appellant issued proceedings in July 2020 claiming that the disciplinary process was legally flawed in a number of respects, but only sought interlocutory relief on 30 December 2020.

The appellant complained about the lack of fair procedures in the process, both in relation to the initiation and conduct of the proceedings, including allegations of conspiracy. The appellant contended that the disciplinary process constituted a ‘detriment’ which he was caused to suffer as a result of making ‘protected disclosures’ within the meaning of the Protected Disclosures Act 2014.

There were seven alleged protected disclosures made by the appellant that were before the court for consideration.

Key words:

[2023] IECA 112 ‒ 8 May 2023 ‒ Noonan J, Ní Raifeartaigh J, Binchy J

Protected Disclosure; penalisation; Interlocutory Injunction; Protected Disclosures Act 2014; Clarke v CGI Food Services [2020] 3 IR 389; Baranya v Rosderra Fresh Meats [2021] IESC 77; A.K. v U.S. [2022] IECA 65

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The latest update to our Payroll Management Manual is now live for subscribers

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

This month features the case of C v An Unnamed Driver. In this case, the next friend and mother of a minor who was injured in a road traffic accident made the unusual request that the court reject a Personal Injuries Assessment Board (‘PIAB’) assessment of damages in respect of the minor’s injuries, despite the next friend having formally accepted the assessment on behalf of the minor.

Key words:

[2023] IEHC 651(Simons J., 27 November 2023)

Personal Injury – s 51A Personal Injuries Assessment Board Act, 2003 – Costs Implications of Acceptance of Assessment

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The December issue of Irish Child and Family Law Update is now available for subscribers of the Irish Child and Family Law Online Service which is now live as of Thursday 30 November.

This month features the case of BR v PT. This case centred on costs orders in family-law proceedings. The leading decision in this area is the 2005 decision of Mr Justice McKechnie in BD v JD. McKechnie’s judgment has been endorsed by the judiciary since its pronouncement almost 20 years ago. Mr Justice Jordan quoted it at length in this decision in BR v PT.

The new service includes:

• Irish Child and Family Law Precedents: The bank of precedents by Lyndsey Keogh BL will be of immense practical use to practitioners navigating family law. This comprehensive and authoritative collection of precedents should be on the desk of every solicitor and barrister who handles family and child law matters. Self-contained and fully annotated, its complete coverage ranges from the simplest transaction to the most complex matter. Irish Child and Family Law subscribers automatically receive a comprehensive update twice a year. The essential coverage includes divorce, separation, pension adjustment orders, maintenance, access, motions to rule and much more.
• Divorce and Judicial Separation Proceedings in the Circuit Court: A Guide to Order 59 by Keith Walsh, Senior Counsel and Solicitor: Following 12 years of piecemeal amendments, 2017 and 2018 saw the Circuit Court make significant changes to family law Rules. Most notable among the changes was the Circuit Court Rules (Family Law) 2017 and also the consolidation of Order 59. With the vast majority of divorce and separation proceedings being dealt with at the Circuit Court level, it is vital for those working in the area of family law to come to grips with these developments. Divorce and Judicial Separation Proceedings in the Circuit Court aims to provide a practitioner-focussed reference guide to the new changes and rules. It is fully up to date, and includes the new Family Law Circuit Court Rules introduced in October 2018.
• Irish Family Law Handbook by Deirdre Kennedy and Elizabeth Maguire: The sixth edition comprises consolidated and annotated legislation including coverage of more recent enactments like the Mediation Act 2017, the Domestic Violence Act 2018 and the Family Law (Divorce) Act 2019. Each section is annotated to indicate amendments or repeals - key legal information which is quickly accessible and clearly outlined. Whatever aspect of family law you practice, this essential guide will ensure you've the latest legal guidance and reference information to hand at all times. The authors have expertly selected the family law statutes that busy practitioners need to refer to on a regular basis, as well as EU regulations and the Rules of Court.
• Irish Family Law Update: The Irish Child and Family Law Update is a monthly update of case analysis and the latest developments in the area of child and family law.
• Pensions A Handbook for the Family Law Practitioner by Sonya Dixon and Laura Cahill:  Pensions - A Handbook for the Family Law Practitioner is a practical guide dealing with pensions in the context of family law in Ireland. There is no other book in the Irish market dealing directly with this topic. Pensions are one of the most valuable marital assets and cause problems every day for family law practitioners. As a result, many barristers and solicitors employ a pension expert to advise on drafting pension adjustment orders, which leads to delays in cases and increased legal costs.The book provides a guide to practitioners through the minefield of pension adjustment orders and other pension aspects of family law. A highly practical book, it contains commentary, legislation, precedents and forms. It includes coverage of the Family Law Act 1995 and the Family Law (Divorce) Act 1996 and regulations.

Other titles due to be added soon are: 

• Domestic Violence: Law and Practice in Ireland by Keith Walsh and Sonya Dixon - December 2023
• The Irish Family Law Handbook (7th ed) by Deirdre Kennedy and Elizabeth Maguire - December 2023
• Family Law Practice and Procedure by Lyndsey Keogh - 2024
• The Law of Family Formation in Ireland by Nuala Jackson and Sarah Murray - 2024

To request a free trial for this new online service or to purchase a subscription, please email bpireland@bloomsbury.com 

Issue 97 of Hershman and McFarlane: Children Law and Practice is now available for subscribers. 

In addition to regular updating to reflect changes in case-law and procedure as at 1 September 2023, the following developments have been reflected in this update:

The Court of Appeal has in Re London Borough of Hackney v P & Ors (Re Jurisdiction: 1996 Hague Child Protection Convention) [2023] EWCA Civ 1213 ruled on the date by reference to which the court determines whether it has jurisdiction based on a child’s habitual residence, pursuant to Article 5 of the 1996 Hague Convention. The court must determine whether it has jurisdiction and the basis of its jurisdiction at the outset of proceedings. The court should initially determine what, if any, jurisdiction it has by reference to the date on which proceedings were commenced. A state can both lose and acquire jurisdiction under Article 5 during the course of proceedings.

Vol 28 Issue 4 (December) of Communications Law is now available for subscribers. 

Bracken v Hinch [2023] IEHC 654 (High Court, O'Moore J, 23 November 2023)

The High Court made an order for costs on a legal practitioner and client basis, in circumstances where the behaviour of an infant plaintiffs' next friend constituted that of a scandalous sort, and the court saw fit to mark its displeasure at the said conduct.

The December issue of Irish Property Law Update by Professor John Wylie is now live for subscribers to Irish Property Law with the latest updates on:

• Post-Completion Remedies
• Co-Ownership
• Position of Parties Under Mortgages
• Enforcement of Security
• Lites Pendentes and Judgment Mortgages
• Administration of Estates
• Nature of Relationship of Landlord and Tenant
• Repairs and Maintenance
• Residential Tenancies

The monthly update of Irish property law developments written by Professor Wylie is exclusively for subscribers of the Bloomsbury Professional Irish Property Law Service. Each update contains commentary on relevant new cases, legislation, and Law Society practice notes and forms. The updates are set out under the relevant headings of the titles and chapters in the property law service together with links to the related content.

To sign up for a free trial of Irish Property Law or purchase a subscription to any of our legal and tax services, email bpireland@bloomsbury.com.

The December issue of 5 from 5 Essex Court Employment Law Bulletin is now available for subscribers. 

In this month's bulletin: 

• New Minimum Wage Rates from April 2024
• Guidance issued on Recording Employment Tribunal proceedings
• Resignations in the heat of the moment reconsidered
• Duty on employers to take reasonable steps to prevent sexual harassment
• Bonus ‘clawback’ provision is not a restraint of trade