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News for July, 2024
You're looking at 1–10 of 44 items.
July 31, 2024
DPP v M.B [2024] IESC 33 (Supreme Court, Charleton J, 23 July 2024)
Supreme Court dismissed appeal from Court of Appeal and affirmed the conviction of a parent for assault causing serious harm to their child, despite the parent not being physically present during the critical incident. The court found that the parent’s participation in a series of prior assaults and the established pattern of abuse constituted a common design with the co-accused spouse, thereby affirming the recklessness and liability of the absent parent for the injuries inflicted by the spouse. The original decision by the Dublin Circuit Criminal Court to convict the parent was based on the doctrine of common design, which the Supreme Court found was correctly applied by the trial judge in directing the jury.
Assault causing serious harm – child cruelty – common design – joint enterprise – recklessness – liability – Supreme Court – Dublin Circuit Criminal Court – Non-Fatal Offences Against the Person Act 1997 – Children Act 2001 – conviction –mental element – intention – participation – criminal enterprise – serious injury – brain injury – pattern of abuse – recklessness – jury direction
July 30, 2024
The fourth edition of Criminal Legislation in Ireland is now live to subscribers of Irish Criminal Law. Lynn O'Sullivan has expanded this practical book to include eleven new Acts, including:
- Criminal Justice (Amendment) Act 2021
- Criminal Justice (Perjury and Related Offences) Act 2021
- Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021
- Criminal Procedure Act 2021
- Counterfeiting Act 2021
- Sex Offenders (Amendment) Act 2023
- Criminal Justice (Miscellaneous Provisions) Act 2023
together with additional amendments to legislation already contained in earlier editions (including significant amendments to the European Arrest Warrant Act 2003). The fourth edition also contains new legislation amending the law relating to theft and fraud offences and sex offenders, and introducing new offences in respect of harmful communications and the smuggling of persons.
You can order a copy in print, or to add Irish Criminal Law to your existing subscription please email bpireland@bloomsbury.com
July 29, 2024
Karpicz v Graham O'Sullivan Restaurants Ltd [2024] IEHC 432 (High Court, Gearty J, 17 July 2024)
High Court, on appeal from the Circuit Court, determined that the delivery of a P45 to a pregnant employee without explanation constituted an unlawful dismissal, and that the employer’s actions, including the advertisement of the plaintiff’s position the day after the P45 was issued, were deliberate and discriminatory. The court emphasised that the burden of proof shifted to the employer to justify the dismissal, which it had failed to do.
Employment Equality Act 1998 – Workplace Relations Commission (WRC) – pregnancy discrimination – dismissal – P45 – maternity leave – sick leave – social welfare benefits – Circuit Court – High Court – compensation – employer-employee relationship – burden of proof – direct effect – Council Directive 92/85/EEC (Pregnancy Directive) – European Court of Justice – Jiménez Melgar v Ayuntamiento De Los Barrio – substantiated grounds – administrative error – Labour Court – Employment Appeals Tribunal (EAT) – discrimination on the grounds of gender – redress – deterrent effect
July 26, 2024
As part of our Irish Medical Law online service we have a vital update from Stephen Spierin BL and Jude Murray BL with their handy Practitioner's Guide to Irish Capacity and Decision Making Law. Based on their expertise and experience it helps practitioners navigate this complex area. Written in respect of applications to appoint a decision-making representative under Pt 5 of the Assisted Decision-Making (Capacity) Act 2015, the guide offers a step-by-step account of actions to be taken before court, in court, and after court, with links to handy resources and editable pdfs. It lists the nine guiding principles, covers multiple scenarios and highlights key points throughout the process.
You can view the essential guide here as a subscriber to Irish Medical Law, or to request a free trial please email bpireland@bloomsbury.com.
July 24, 2024
The latest issue of Irish Employment Law is now live for our employment law subscribers.
This month's edition features the case of Creganna Limited v Niall Cullen and Lake Region Medical Limited. This is a High Court decision where interlocutory injunctive relief was granted to enforce a non-compete clause in the employment contract. Our author, Paul Kilraine, examines the judgment and the validity of the clause.
To request a free trial or to arrange a remote demonstration of any of our tax or legal services, email bpireland@bloomsbury.com
You're looking at 1–10 of 44 items.