Supreme Court: Common law defence of lawful use of force …
Oct 15, 2024 · The Supreme Court has determined that the common law defence to murder of “lawful use of force” as set out in The People (AG) v Dwyer [1972] IR 416 was abolished by s.22 of the Non-Fatal Offences Against the Person Act 1997 and that the test in s.18 of that Act now applies instead. Deliv
Irish Legal News
4 days ago · Irish Rule of Law International (IRLI) has appointed Maria McCloskey as its new executive director. Ms McCloskey was previously director and solicitor at The PILS Project, leading an organisation which seeks to secure improvements in the protection and realisation of human rights and equality in Nor
Supreme Court: Landmark decision on Personal Injuries Guidelines
Apr 10, 2024 · A majority of the Supreme Court has determined that s.7(2)(g) of the Judicial Council Act 2019 which required the adoption by the Judicial Council of the 2021 Personal Injuries Guidelines is unconstitutional, but that the Guidelines remain in force in law being that were subsequently ratified by the Oireachtas through the Family …
High Court: ‘Aging out’ legislation unconstitutional in cases of …
Sep 9, 2024 · The High Court has determined that the statutory sentencing regime which distinguishes between children who are sentenced for murder prior to turning 18 and those who are adults by the time of sentencing is unconstitutional. Delivering judgment for the High Court, Mr Justice Garrett Simons stated th
Jude Murray BL: A practitioner’s guide to the Assisted Decision …
Feb 10, 2022 · 1 “Will and preferences” originated from Article 12 (“equal recognition before the law”) of the UN Convention on the Rights of Persons with Disabilities. The Act also gives effect to the UN Convention on the International Protection of Adults. 2 S.I. No. 24/2021 - Assisted Decision-Making (Capacity) Act 2015 (Section 7(1)) (Commencement) Order 2021 – repealed the Marriage of Lunatics ...
Analysis: High Court pierces corporate veil | Irish Legal News
Nov 18, 2022 · McCann FitzGerald partner Garreth O'Brien and senior associate Heather McMahon consider a significant High Court decision on company law. For the first time, the High Court has pierced the corporate veil to make directors and shadow directors personally liable for the fraud of a company.
Analysis: One year of the Corporate Enforcement Authority
Jul 11, 2023 · With effect from 7 July 2022, the Corporate Enforcement Authority (CEA) was formally established as an independent statutory body under the Companies (Corporate Enforcement Authority) Act 2021, replacing the Office of the Director of Corporate Enforcement (see our previous updates here and here).. Powers and resources of the CEA
Analysis: A new era for Irish competition law - Irish Legal News
Sep 25, 2023 · DAC Beachcroft partner Joanne Finn and senior associate Elaine Davis consider imminent and significant changes to the Irish competition law regime. The Competition (Amendment) Act 2022 was signed into law on 29 June 2022, with the majority of its provisions commencing on 27 September 2023.
Lawyer of the Month: Kevin Winters | Irish Legal News
Sep 29, 2023 · “Leaving home at 5.30am with my lunch box packed I learned a lot about Belfast during the mid 1970s and 1980s in the canteens of these places: there was intimidation, jobs for the boys and the extraction of money and I’m still involved in cases representing the families of men on both sides of the community who were shot …
Supreme Court: High Court correct to grant special care orders …
Mar 1, 2024 · The Supreme Court has upheld the orders of the High Court forcing the Child and Family Agency (CFA) to apply for special care orders and granting special care orders in circumstances where the CFA pleaded a lack of resources. Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan emphasi