News for March, 2023

G.B v Director of Public Prosecutions [2023] IEHC 43 (High Court (Judicial Review), Barr J, 8 February 2023)

The High Court granted declarations that that the District Court did not have jurisdiction to try an accused on a charge of assault contrary to statute, where an earlier summons was withdrawn by the prosecution, on the grounds that: once the prosecution decided to withdraw the summons, the entirety of the District Court proceedings were at an end, and the fact that the summons was withdrawn on the mistaken belief on the part of the prosecution that the charge had been added to an indictment then pending before the Circuit Criminal Court could not affect the validity or efficacy of a court order ending the proceedings.

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 Student Inventions: Who is the rightful IP owner?

A recent Patents Court (‘the court’) decision, Oxford University Innovation Ltd v Oxford Nanoimaging Ltd [2022] EWHC 3200 (Pat) (23 December 2022), raised important issues from a policy perspective for universities and higher-level education institutions in relation to the ownership of student inventions. Since there is little by way of precedent on the topic of IP ownership in inventions by students from an Irish law perspective, this English case is likely to be persuasive to an Irish court.

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

Bloomsbury Professional Ireland's newest title Personal Insolvency Law in Ireland by Alan McGee is now live on the Irish Banking and Finance Law Service. The book published this week.

A comprehensive guide to personal insolvency law in Ireland, this book will be invaluable to both legal and personal insolvency practitioners. The Personal Insolvency Act 2012 introduced new debt resolution mechanisms which are explained in clear detail in the book.

Personal Insolvency can be a complex area for practitioners. A substantial body of High Court jurisprudence has developed in light of legislative amendments arising in the main from the introduction of the s 115A application procedure established under the 2015 Amendment Act. This is the first text to explain the development of the law and explores how the Act is interpreted and implemented having regard also to case law and practice notes issued by the Insolvency Service of Ireland.

The book demonstrates with real case examples how personal insolvency law can be utilised with family law to overcome problematic debt issues that family law legislation cannot resolve on its own.

This title is a must-have for any Personal Insolvency Practitioner, solicitor, barrister, Approved Intermediary, financial institution, accountant or debt adviser.

You can purchase a hard copy of the book here.

Family Court Reports Vol1 Pt 6 (25 March 2023) is now available for subscribers. 

The following cases have been reported in [2023] 1 FCR 6: 

AA v BB & Ors [2022] EWHC 2322 (Fam); 1 FCR 573

F v M (Rev1) [2023] EWFC 5; 1 FCR 598

HD v WB [2023] EWFC 2; 1 FCR 616

HH (A Child_ Stay of Order Pending Appeal) (Rev2) [2022] EWHC 3369 (Fam); 1 FCR 649

Warwickshire County Council v The Mother & Ors [2022] EWHC 2146 (Fam); 1 FCR 656

The latest update to A–Z of Business Tax Deductions 2023 is now live for subscribers.

Following recent judicial comments, the Litigation Committee of the Law Society has considered the issue of solicitors commissioning reports directly from medical practitioners.

In this regard, the Committee was assisted by the decision of Mr Justice Ferriter in McLaughlin v Dealey and HSE [2023] IEHC 106.

The principles set out by Mr Justice Ferriter have underpinned the protocol which the Committee believes solicitors should follow. The protocol balances the importance of the court having all the relevant evidence before it with the desirability that a treating doctor should give evidence where possible.

The Assisted Decision Making (Capacity) Act, 2015 will commence on 26 April 2023.  The Courts Service has said that it is continuing to work with the Decision Support Service (DSS) and other agencies & committees in preparation for the commencement date.

Section 21 of the Nursing Support Scheme Act, 2009 (Appointment of Care Representatives in case of a person not having full capacity) will be amended when the Assisted Decision Making (Capacity) Act, 2015 (ADMC) is commenced.

Practitioners should note that 25 April 2023 is the last date for receipt of Care Representative applications in all Court Offices.    

From 26 April 2023, all such applications must be made pursuant to Part 5 of the Assisted Decision Making (Capacity) Act, 2015.

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

This month's edition features an overview of the European Union (Transparent & Predictable Working Conditions) Regulations 2022 which became law on 16 December 2022. The definition of ‘employee’ includes self-employed under s 1(1) of the 1994 Act. This is the first time that probationary periods are addressed in legislation. Prior to this they were governed by contract. The Regulation amends Terms of Employment (Information) Act 1994 and requires that employers must provide an employee, within one month of starting with a written statement of the full terms of employment. This is a reduction from two months.

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Board of Management of Wilson’s Hospital School v Burke [2023] IEHC 144 (High Court (General), O'Moore J, 16 March 2023)

The High Court, in injunctive proceedings by a school against a teacher who refused to absent himself while on administrative leave: (a) awarded the school the costs of an unsuccessful application by the teacher for a stay on proceedings; (b) awards the school the costs of a motion against the teacher in respect of his continuing contempt of court; and (c) ordered that a daily fine of €700 be crystallised in order that the school be permitted to take steps to enforce the fine, including the sequestration of the teacher's assets.

Action by school against teacher ‒ teacher refusing to stay away from school despite being placed on administrative leave ‒ costs of applications ‒ review of contempt measures.

The March update to our Companies Legislation content  is now live for subscribers.