Northern Ireland's ban on same-sex marriage amounted to unjustified discrimination against same-sex couples, the Court of Appeal in Belfast has ruled. However, delivering the judgment, the Lord Chief Justice, Sir Declan Morgan, said there was no purpose to be served by making a declaration under sec
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Administrative law expert Paul Daly explores yesterday's judgment in R v Adams [2020] UKSC 19. On two occasions in the 1970s, Gerry Adams, allegedly a leading member of the Irish Republican Army at the time and later a prominent Sinn Féin politician, was convicted of attempting to escape from
The Supreme Court has held that the High Court erred in granting certiorari of the Minister for Justice’s refusal of an application for liberty to enter and remain in the State. The judgment concerned the interpretation and application of Directive 2004/38/EC On the Right of Citizens of the Un
The High Court has allowed the appeal of Robert Cunningham, a prison officer employed by the Irish Prison Service (IPS). In the course of his duties he suffered two assaults by prisoners, which resulted in him suffering a serious back injury, which has required three operations.
Eoin Brereton, partner at Philip Lee, considers new guidance on directors' duties during COVID-19. On 4 June 2020 the Office of the Director of Corporate Enforcement (ODCE) issued welcome guidance for directors of companies that ultimately become insolvent because of the COVID-19 pandemic. This guid
Ronan Daly Jermyn partner Darryl Broderick and trainee solicitor Therese Collins review a significant reduction in an award made by a jury to a plaintiff in High Court defamation proceedings where an “offer of amends” had been made. The Court of Appeal recently significantly reduced
Ailbhe Dennehy, partner at William Fry, considers a significant High Court ruling concerning an employee dismissed during probation. Traditionally, dismissals during probation have been considered relatively low risk by employers since the Workplace Relations Commission (WRC) requires employees to h
In the first of his 'neurolaw' articles, Benjamin Bestgen looks at how the law might accommodate advances in cognitive technology. See his last jurisprudential primer here. Humans are capable of fascinating feats of observation, empathy and intuition but we cannot read other people’s tho
The Court of Appeal has overturned the ruling of then-president of the High Court, Mr Justice Peter Kelly, refusing to adjourn an inquiry into whether a man with a moderate learning disability who wanted to marry should be made a ward of court. Background
Dr Thomas Muinzer of Aberdeen Law School in Scotland comments on the Supreme Court's recent squashing of the government's climate change plan. I have talked multiple times in print and in lectures of Ireland’s need to live up to the distinguished legacy of John Tyndall (1820–1893),
Matheson partners Julie Murphy-O’Connor, Tony O’Grady, Brendan Colgan, Grainne Dever and Mairéad Ní Ghabháin explore recent changes to the law on hearsay evidence. The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 was recently passed by the Dá
Ronan Daly Jermyn partner Gillian Keating interrogates the real drivers of change in healthcare and explores what should be key priorities for the HSE and the government. The headlines across the globe tell a story of transformation, reform and renewal within the healthcare sector.
Rob Corbet and Caoimhe Stafford of Arthur Cox consider some of the key changes that will be brought about when the Gaming and Lotteries (Amendment) Act 2019 enters into force. Almost a year after it was signed into law, the Gaming and Lotteries (Amendment) Act 2019 will come into effect on
Félim Ó Maolmhána explores the drama surrounding Trump's proposed appointment of Amy Coney Barrett to the Supreme Court of the United States. Ruth Bader Ginsburg served on the US Supreme Court for over 27 years. In the wake of her sad passing, President Donald Trump aims to fill
In an international protection appeal, the Supreme Court has held that there is no express right to enter the State for the purposes of making an application, save where the person is at its frontiers. In her judgment, Ms Justice Marie Baker also criticised remarks made by Mr Justice Richard Humphre