News for July, 2023

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July 31, 2023

July Issue of Scots Law Update Now Live

The July issue of Scots Law Update is now available for subscribers of Scots Law.

July 31, 2023

July Issue of Irish Civil Litigation Update Now Live

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

This month features the case of Kieran Egan and Michael Egan Junior v Helen Egan and Alan Egan. This matter was an appeal of a costs order by the defendant to the High Court. The issue in the principal judgment was who owned the half share of a farm. Mr Egan Junior (the plaintiff) or Mr Egan Senior. (The defendant.) The principal proceedings were concerned, inter alia, with whether a deed of transfer which purported to transfer the plaintiff’s interest to the defendant was ‘invalid and/or forged and/or void ab initio and are of no legal effect’

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July 31, 2023

Clinical Negligence Now Available

The 6th edition of Clinical Negligence is now available for subscribers to the Clinical Negligence service. 

This book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications.

Those needing clear guidance to make the best possible preparations for an action will find all they need here.

The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as:

  • Williams v Bermuda Hospitals[2016] UKPC 4 (causation)
  • R (on the application of Maughan) v HM Senior Coroner for Oxfordshire[2020] UKSC 46 (suicide in inquests)
  • Darnley v Croydon Health Authority[2018] UKSC 50 (duty of care owed by receptionist)
  • ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality)
  • Swift v Carpenter[2020] EWCA Civ 1295 (future accommodation costs)
  • Whittington Hospital NHS Trust v XX[2020] UKSC 14 (damages for surrogacy)
  • Khan v Meadows[2021] UKSC 21 (scope of duty of care)
  • Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry)

Easy-to-access structure

The new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice.

July 27, 2023

July Issue of IT/IP Update Now Available

The July 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 important data retention issues have come to the fore once again with the enactment of the Communications (Retention of Data) (Amendment) Act 2022 (the ‘Amendment Act’) in June 2023. This piece of legislation comes in response to a ruling by the Court of Justice of the European Union (CJEU) last year, that Ireland's mobile phone data retention regime was in breach of EU law.

As previously covered (see our analysis here), in a case involving convicted murderer Graham Dwyer, the CJEU considered the validity of the evidence collected under the Communications (Retention of Data) Act 2011 (the ‘2011 Act’) in the original trial for the murder of Elaine O'Hara in 2012. Notwithstanding the fact the CJEU found in favour of Dwyer's claims about the data retention regime, his murder conviction was ultimately upheld when the case came back before the Irish courts. 

Nonetheless, the outcome triggered an even more urgent need for the 2011 Act to be replaced. Steps up until then had been taken in an attempt address the Irish law deficiencies in the form of the General Scheme of Communications (Retention of Data) Bill 2017 (the ‘Bill’). As progress in this legislative process has been slow and after the CJEU decision, instead of carrying out further work on the Bill, a temporary solution was preferred, hence the bringing into operation of the recent Amendment Act.

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July 25, 2023

Award of Ferry Contract Failed to Give Sufficient Detail as to Reasons for Rejecting Other Tender

Ó Dubhgáin v Minister for Culture [2023] IEHC 396 (High Court (Judicial Review), O'Regan J, 11 July 2023)

The High Court granted an order quashing a decision of the Minister for Culture to award a public procurement contract to a party other than the applicant, for a fast ferry service between the mainland and an offshore island, on the grounds that: (a) the Minister had failed to give adequate reasons such they would identify to the applicant why the other party had scored higher points; (b) the Minister had failed to give marks to the applicant in respect of criteria which had not been sought; and (c) the Minister had used terms such as 'excellent' in respect of the winning tender without further detail.

July 24, 2023

Costs Orders Should Serve as Genuine Disincentive to Litigants Not to Abuse Court Processes

Browne v An Taoiseach (No. 3) [2023] IEHC 400 (High Court (General),  Twomey J, 12 July 2023)

The High Court, in proceedings seeking the halting of the Covid-19 vaccine program for children, and which were held to be an abuse of process after a preliminary application sought by the plaintiffs for a protective costs order was rejected, made an order for the defendants costs of the preliminary application, with no stay on the costs order and with liberty for the defendants to apply for a stay on the proceedings until the costs were paid, on the grounds that the defendants were entirely successful, and in order for the costs order to operate as a genuine, rather than a theoretical, financial disincentive to litigants not to engage in the abuse of court processes.

July 20, 2023

July Issue of Irish Employment Update: Patrick O'Connor v Wexford County Council

The July 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 Patrick O’Connor v Wexford County Council. The case dealt with many issues including an alleged loss of overtime. The case illustrates that the initial burden of proof is on the complainant to establish a protected act and a detriment, and if this is established the burden then shifts to the Respondent to show that the protected act was the operative cause of any detriment suffered.

Key Words: 

July 2023 – ADJ-00040852 Niamh O’Carroll – 8 June 2023

Safety, Health and Welfare at Work Act, 2005, s 27, Workplace Relations Commission, Physical Assault, Verbal Assault, Complaint made, Penalisation, Toni & Guy Blackrock v Paul O’Neill [2010] 21 ELR 1; Board of Management of St David’s CBS Secondary School Artane v Siobhán McVeigh [HSD118, 8 July 2011]; Stobart Ireland Driver Services v Carroll [2013] IEHC 581; St John’s National school v Jacinta Akduman [2010] 21 ELR 301

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