News for September, 2023
You're looking at 1–10 of 33 items.
September 28, 2023
The September issue of Irish Civil Litigation Update is now live for subscribers to Irish Civil Litigation.
This month features the case of Agnieszka Zaganczyk v John Pettit Wexford Unlimited Company and C&M Delaney Limited. Andrew Clarke BL writes that this was an appeal from a High Court assessment of damages in a personal injuries matter to which the Judicial Council personal injuries guidelines applied. The plaintiff was awarded €90,000 in the High Court for general damages which was appealed by the defendant on the basis that the award was arrived at erroneously through a misinterpretation of the guidelines by the High Court.
To request a free trial or demonstration of any of our legal or tax services, email firstname.lastname@example.org
September 26, 2023
Immigration Offences - A Practitioner's Guide is now available for subscribers to the Immigration and Nationality Law service.
Different constitutions of the Court of Appeal have repeatedly warned practitioners (both defence and prosecution) of the need to be fully informed of the law relating to immigration offences and the defences available to criminal charges in an immigration context.
Despite these warnings, there are still a number of such appeals each year. Furthermore, the Nationality and Borders Act 2022 has made radical amendments to existing offences that also significantly widen the number of people who are liable for prosecution.
This practical guide provides coverage of the investigation and prosecution of immigration offences and ancillary proceedings, as well as criminal cases for foreign nationals. It covers every aspect of a criminal case from detention through to the Court of Appeal, with signposts to where further information can be found, and is up to date with the changes made by the Illegal Migration Act 2023.
This is essential reading for criminal law practitioners, immigration law practitioners and the judiciary, as well as for students, academics and those working in third sector and government organisations.
September 26, 2023
Minister for Justice & Equality v Wade  IEHC 469 (High Court (General), Naidoo J, 23 June 2023)
The High Court ordered the surrender of the respondent, who was detained in prison in Ireland, to Portugal pursuant to an European Arrest Warrant, on the grounds that: no trial in absentia issue arose where the respondent failed to take any steps to engage with the authorities in Portugal; and the delay would not cause the respondent any prejudice or breach his rights, and was not disproportionate where it was for the issuing state to ensure fairness in respect of the offence for which surrender of the person is sought.
European arrest warrant – Portuguese authorities sought the surrender of the respondent – EAW sought the surrender of the respondent to enforce a sentence of two years and four months’ imprisonment – s 11 and minimum gravity – lack of clarity – composite sentence – respondent objected to surrender on the basis that it is prohibited by s 45 of the European Arrest Warrant Act 2003 because notification of the date and place of trial was served on him at a time when he was a prisoner serving a sentence of imprisonment in Ireland – could not have attended the trial – additional information – trials in absentia – argument to the effect that formal notification was not, in the circumstances, sufficient protection of his fair trial rights because he was in custody when notice was served on him and could not have attended the trial – respondent contacted the authorities in the requesting state and alerted them to the fact that he did want to participate in the trial, their response might or might not have resulted in any subsequent trial in absentia being unfair – respondent’s decision not to take steps to engage with the authorities in the requesting state means the issuing authority are entitled to rely on Part D.3.1b of the warrant to satisfy s 45 of the 2003 Act – delay – consequences of being remanded in custody in EAW proceedings and proportionality – for issuing state to ensure fairness in respect of the offence for which surrender of the person was sought – postponement of surrender – what happened thereafter would depend very much on the actual duration of the respondent’s life sentence – delay did not cause the respondent any prejudice – no breach of his rights – surrender ordered.
September 21, 2023
The September 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 Ray O’Sullivan v The Health Service Executive. This is a major decision in Irish employment law, as the principle in Braganza has been unanimously accepted. This means that where a decision is being taken pursuant to a contractual term, that involves discretion on the part of the decision maker, it will need to be reasonable, taking into account all relevant matters and excluding all irrelevant matters.
 IESC 11 – 10 May 2023 ‒ Mr Justice Donal O’Donnell CJ ‒ Ms Justice Elizabeth Dunne
‒ Mr Justice Seamus Woulfe
Health Act 1970, s 24; Local Government Act 1941, s 86; Suspension; Rowland v An Post  1 IR 355; Corbally v Medical Council & Ors  2 IR 304; Quirke v Bord Luthcleas na hÉireann  IR 83; Deegan v The Minister for Finance  11 ELR 190; Earley v HSE  IEHC 520; Sweeney v Duggan  2 ILRM 211; Flynn v An Post  IR 68 Meridian Communications Ltd v Eircell Ltd  1 IR 17; Morgan v TCD  3 IR 157 The Governor and Company of the Bank Of Ireland v Reilly  IEHC 241; Braganza v BP Shipping and anor  1 WLR 1661; Socimer International Bank Ltd v Standard Bank London Ltd  Bus. LR 1304
For more, you can purchase a subscription or to request a free trial, email email@example.com
You're looking at 1–10 of 33 items.