News
Misuse of Drugs Act
NewsThe High Court recently declared that the mandatory minimum sentence for serious drug offences is unconstitutional. The Misuse of Drugs Act stated that a person had to receive at least a 10 year term of imprisonment if they had been previously convicted of having drugs worth more than €13,000.00 in their possession. The High Court…
Read More Chief Justice
NewsThe Supreme Court Judge Donal O’Donnell is set to become the next Chief Justice after the Government approved his nomination on the 28th May. He will replace Frank Clarke who will step down later this year after reaching retirement age of 70. Mr. Justice O’Donnell was born in Belfast and called to the Bar of…
Read More Bringing a claim in the correct venue
NewsBringing a claim in the correct venue A recent Court of Appeals decision shows the importance of bringing a claim in the correct venue. In a recent case the Plaintiff brought her case in the High Court. She was awarded €76,000.00 in the High Court, however, that was appealed by the Defendant to the Court…
Read More Employment Law
NewsA recent decision of the High Court illustrates the importance of proceeding quickly in maintaining any claim in an employment law situation. In a recent case of Ciaran Carroll v New Ireland Assurance Company trading as Bank of Ireland Life Mr. Carroll instituted proceedings against his former employer challenging the validity of a decision to…
Read More Personal Injuries Guidelines
NewsThe Judicial Council recently adopted the Personal Injuries guidelines. These guidelines will regulate the amount of any awards to be made in respect of Personal Injuries claims. This will cover claims in respect of medical negligence and all claims for Personal Injury. The guidelines commenced on Saturday 17th April 2021 and Judges will be bound…
Read More Workplace Relations Commission
NewsA recent Supreme Court decision was made regarding constitutionality of the Workplace Relations Commission procedures. The applicant Mr. Tomas Zalewski claimed that the WRC was unconstitutional in so far it administered justice in the State. He claimed that the WRC procedures were unfair because they did not allow for public hearings. The Supreme Court held…
Read More Child Maintenance Review Group
NewsThe Government has recently established the Child Maintenance Review Group to examine a number of issues regarding payment of child maintenance. The Review Group is to consider the interaction between maintenance payments and the Department of Social Protection. The Social Welfare legislation provides that when certain welfare payments are in place, specifically the One-Parent Family…
Read More Assisted Decision Making Capacity Act 2015
NewsThe commencement of the Assisted Decision Making Capacity Act 2015, unfortunately, still has not occurred. This failure to commence the legislation is reprehensible as it leaves persons who either have no capacity or limited capacity in a very vulnerable position. For the moment the Enduring Power of Attorney legislation is the only legislation that gives…
Read More Barring Orders
NewsAn interesting case was heard in the High Court recently entitled “C v C”. The matter was heard by Mr. Justice Max Barrett. Ms. C obtained a Barring Order against her husband in the District Court. The husband brought an application to the High Court seeking to vary the Barring Order by allowing for the…
Read More Psychiatric Services
NewsIt is often said that the psychiatric services are the Cinderella of the Irish health system. Certainly the resources allocated to the psychiatric services have very much being dwarfed by the resources allocated to other aspects of the health service. It is not clear as to exactly why the issue of mental health has to…
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