News for November, 2023

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

This month features the case of Cabot Financial (Ireland) Limited (Substituted for ACC Bank Plc by Order Dated 20/10/2021) v Thomas Joyce, Patricia Joyce, Niall O’Meachair and Valwich Properties Limited. This case, an appeal from the ruling of McDonald J in the High Court centres upon applications for leave to execute judgments after the six-year period specified in Order 42 Rule 24 of the Rules of the Superior Courts has elapsed. In the High Court, McDonald J had refused leave to execute judgment against one of several judgment debtors on the basis that the reason given for the delay was not feasible. The reasons provided inter alia were that the bankruptcy of the debtor prevented the creditor from executing judgment and that the existence of a superior charge prevented the appellant from executing the judgment as against the judgment debtor.

To request a free trial or demonstration of any of our legal or tax services, email bpireland@bloomsbury.com

Bloomsbury Professional Ireland is delighted to announce the launch of its newest online service; Irish Child and Family Law Online which is now live as of Thursday 30 November.

The new service launches in response to practitioner demand and follows an intensive commissioning process with a range of new titles due to launch in the coming months by Bloomsbury Professional Ireland.

The 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 67 of Discrimination Law is now available for subscribers to the Employment Law service. 

The November 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 The Revenue Commissioners v Karshan Midlands Ltd t/a Domino’s Pizza. This appeal concerned drivers who provide delivery services for the respondent’s pizza business. The respondent contended that the drivers were engaged as independent contractors under contracts for services, whereas the appellant argued that the drivers were employees retrained under contracts for services.

Key words:

[2023] IESC 24

20 October 2023 ‒ O’Donnell CJ, Dunne J, Baker J, Woulfe J, Hogan J, Murray J, Collins J.

Employment relationship; independent contractors; contract of service; mutuality of obligations; Taxes Consolidation Act 1997(as amended); Schedule D: schedule E; Ready Mixed Concrete (South East) Ltd. V Minister for Pensions and National Insurance [1968] 2 QB 497; Market Investigations v Minister of Social Security [1969] 2 QB 173; Airfix Footwear Ltd. V Cope [1978] ICR 1210; O’Kelly v Trusthouse Forte Plc [1983] ICR 728; McMeechan v Employment Secretary [1997] ICR 549, [1997] IRLR 353; Carmichael and anor v National Power plc [1999] AC 2042; Henry Denny & Sons (Ireland) Ltd v Minister for Social Welfare [1996] 1 ILRM 418 (HC), [1998] 1 IR 34 (SC); Castleisland Cattle Breeding Society Limited v The Minister for Social Welfare [2004] IESC 40, [2004] 4 IR 150; The Minister for Agriculture and Food v Barry and ors [2008] IEHC 216, [2009] 1 IR 215; Akhtar v Minister for Justice, Equality and Law Reform [2019] IEHC 510; Cornwall County Council v Prater [2006] EWCA Civ. 102, IRLR 362; Autoclenz Ltd v Belcher [2011] UKSC 41; Weight Watchers (UK) Ltd and ors. V The Commissioner for Her Majesty’s Revenue and Customs [2011] UKUT 433; The Commissioner for Her Majesty’s Revenue and Customs v Professional Game Match Officials Limited [2021] EWCA Civ. 1370; R(IWGB) v CAC [2021] EWCA Civ 952;

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

A note has been added to the Automatic Exchange of Information Handbook to reflect the fact that the UK will join the Crypto-Asset Reporting Framework. 

Hughes v Iconic Newspapers Limited T/A Leinster Leader [2023] IEHC 635 (High Court (General), Ferriter J, 16 October 2023)

The High Court, in defamation proceedings, granted an order directing that the plaintiff can add a newspaper publisher as a second defendant, despite being outside the statutory 12-month limitation period, on the grounds, inter alia, that: the potential prejudice to the plaintiff significantly outweighed that to the defendant; and but for the misleading information as to the publisher of the newspaper contained on its website, the defendant would not be in a position to advance any statute defence because if the correct information had been published there, the proceedings would have been issued against it within the 12-month period.

A note has been added to the Making Tax Digital Tracker to reflect the announcement in the Autumn Statement that MTD ITSA will not be extended to landlords and sole traders at this time. Other announcements on 22 November are also summarised here. A full update will follow when more information is available.

The Fifth Edition of A User's Guide to Data Protection: Law Policy and Practice is now available for subscribers.

Are you ready if a client wishes to make a data protection claim, or needs to defend one?

This title is a first port of call, providing clear guidance through the complex web of data protection issues and regulation.

The Fifth Edition includes analysis of new cases and in-depth coverage of:

• The Data Protection and Digital Information (No. 2) Bill
• The Online Safety Bill
• New data fines
• New official documentation from the Department for Digital, Culture, Media & Sport, and the Information Commissioner’s Office
• New EU guidance from the European Data Protection Board and the European Data Protection Supervisor
• New EU data transfer rules, including those concerning controllers and processors
• Developing legal, practice and technology issues

This is an essential guide for IP practitioners, data protection and compliance officers, HR professionals, local authorities, as well as for academics and students of this area of the law.

The latest update to UK Financial Statements is now live for subscribers.

The latest update to Example Financial Statements is now live for subscribers.