News for June, 2023

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June 30, 2023

June Scots Law Update Now Available

The June issue of the Bloomsbury Scots Law Update is now available for subscribers. 

Patrick Campbell Corcoran and Edward Gratwick of Addleshaw Goddard LLP report on Marks and Spencer PLC v Cornerstone Telecommunications Infrastructure Limited [2023] CSIH 24

June 30, 2023

June Issue of Irish Civil Litigation Update Now Available

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

This month features the case of Kenneth Price v Ann Douglas. This matter concerned an ex-parte application to deem the service of proceedings good or in the alternative to permit substituted service. The original defendant to the proceedings was deceased (the deceased defendant) and by order of the High Court, her personal representative was substituted as defendant (the substituted defendant). The plaintiff, once that order was made, tried to effect service on a solicitor who he indicated, is retained by and in contact with the substituted defendant. That solicitor is not, however on record in the proceedings and a different firm had represented the deceased defendant. That firm was allowed to come off record informally and without having provided details of an address for service of further documents. As such, it appeared that there was no solicitor on record for the substituted defendant. The question was whether service remained good.

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June 28, 2023

Issue 81 of Court of Session Practice Now Live

Issue 81 of Court of Session Practice is now available for subscribers.

The new issue features updates to:

Division G – Family Proceedings 

Court of Session Practice is a 'must have' for all practitioners dealing with the Court of Session. This major looseleaf text provides essential, up-to-date guidance on the changing rules and procedures of the Court of Session — in a single, up-to-date source. Written by practitioners with expert knowledge of how the Court works on a daily basis, this is an indispensable source of reference for all judges, advocates, solicitor advocates, solicitors and clerks of the court undertaking session work.

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June 28, 2023

Irish Courts have Jurisdiction to hear Personal Injuries Claim Arising from Accident in Sri Lanka

Casey v Redspokes LTD trading as Redspokes Adventure Tours [2023] IEHC 297 (High Court (General), Ireland - High Court, Simons J, 12 June 2023)

The High Court, in personal injuries proceedings, refused to grant defendant's motion to dismiss the proceedings, where the plaintiff, who was domiciled in Ireland, was injured in the course of a cycling holiday and the defendant company was domiciled in the UK, but the accident occurred in Sri Lanka, on the grounds that: (1) The Irish courts have jurisdiction to deal with the plaintiff's claim for breach of a consumer contract; (2) there was an intention on the part of the defendant to establish commercial consumers from the EU, including Ireland; (3) although the defendant did not oversee the plaintiff's air travel to Sri Lanka, it did facilitate pick up from the airport and a co-ordination with the plaintiff's flights; (4) not arranging air transport further meant there was no material distinction between the position of someone domiciled in the UK or in Ireland; and (5) an online booking system required details of residence and postal address.

June 27, 2023

June Edition of Irish Tax Update Now Live

The June edition of Irish Tax Update is now live for subscribers of Irish Tax

Niamh Ryan BL writes about the case of Determination 83TACD2023. There, the taxpayer appealed several Notices of Assessment to the Tax Appeals Commission pursuant to s 28B (14A) of the Emergency Measures in the Public Interest (Covid-19) Act 2020 as amended (EMPI Act 2020). The assessments raised by the Revenue Commissioners were in respect of the Employment Wage Subsidy Scheme (EWSS), which were for the periods September 2020 to July 2021 and October 2021 for a total of €462,598.021.

Key words:

Tax Appeal – EWSS – Emergency Measures in the Public Interest (Covid-19) Act 2020, s 28B – Covid Reliefs – Rolling Reviews – Statutory Interpretation

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June 27, 2023

June Issue of Irish Employment Update Now Live

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

This month's edition features the case of Charlotte O’Brien v Deadline Direct Ltd T/a Deadline Couriers which deals with sexual harassment. It also shines a light on the topic of the importance of clear sexual harassment policies within company handbooks as well as bullying and harassment policies. 

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June 26, 2023

Personal Injury Damages in Scotland Now Updated: Issue 37

Personal Injury Damages in Scotland Now Updated: Issue 37

The latest update (Issue 37) to Personal Injury Damages in Scotland looseleaf online service is now available for subscribers.

June 23, 2023

Privilege Should not be Set Aside in Shareholder Oppression Proceedings

In re Brock Delappe Ltd; Delappe v Brock [2023] IEHC 318 (High Court (General), Ireland ‒ High Court, Sanfey J, 18 April 2023)

The High Court, in shareholder oppression proceedings, in an application for an injunction sought to restrain use, dissemination or reliance upon certain documents: (a) determines that all but one of the documents in question are covered by litigation or legal advice privilege; and (b) that the matters revealed by the documents did not warrant that privilege being set aside.

June 23, 2023

June Issue of Irish Property Law Update Now Available

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

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.

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