Analysis

Ellen Dalzell and Kevin Hegarty of Northern Ireland commercial law firm Tughans consider a recent English judgment involving a 'novus actus interveniens' defence in medical negligence proceedings. A common perception in medical negligence law is that a ‘specific rule’ exists as a necessa

A&L Goodbody partner Conor Owens and senior associate Siobhan Kearney consider the differences between contractual and equitable rights of set-off. Where two parties have financial claims against each other, rights of set-off allow one party to deduct or "off-set" their debts or liabilities agai

Kerry Dumican and Fearghal O'Loan of Northern Ireland commercial law firm Tughans consider a recent judgment from the English courts. The recent judgment of the High Court of England & Wales in Re Avanti Communications Ltd [2023] EWHC 940 (Ch) considers issues arising as a result of the wording

Morgiane Noel explores the ethical issues arising from the use of artificial intelligence in the criminal justice system. Artificial intelligence (AI) has become such a part of our daily lives that it’s hard to avoid — even if we might not recognise it. While ChatGPT and the use of algor

Benjamin Bestgen and Alexander Jeuk discuss the practicalities of rebalancing the scales of justice making the legal system accessible to everyone. The complaint that the law tends to favour the wealthy and powerful while being much less available to the impecunious is not new. And there is much evi

The many, and systematically horrible, events in the southern states of America over many years in the middle of the last century are described in Margaret Burnham’s new book By Hands Now Known: Jim Crow’s Legal Executioners. The phrase ‘Jim Crow’ is an American shorthand for

Sean O'Reilly and Michael O'Halloran of RDJ LLP provide a comprehensive overview of the Screening of Third Country Transactions Bill 2022. The Screening of Third Country Transactions Bill 2022 will, if enacted, “establish a screening mechanism for third country investment into Ireland for the

Matheson partner Geraldine Carr and senior associate Denise Moran examine a recent decision involving workplace sexual harassment and consider the key learnings and takeaways for employers. A recent sexual harassment decision (O'Brien v Deadline Direct Ltd t/a Deadline Couriers - ADJ-00036160), wher

When a partner of a law firm contacts me about their marketing efforts, I often sense their caution. More often than not, I learn that they have previously been “burned” by a marketer who promised the world but ultimately lacked the tools to deliver. Developing a successful legal marketi

Claire Edgar of Belfast-based Francis Hanna & Co Solicitors examines a recent Northern Ireland court ruling on non-molestation order applications. The High Court of Northern Ireland recently handed down judgment in the judicial review case of JR231. The judgment explores the legal test to be app

Eithne Reid O’Doherty BL outlines innovations in two pieces of legislation in respect of stalking, the possibility of speedier access to restraining orders as well as take-down orders. On 29th March 2023 the Criminal Justice (Miscellaneous Provisions) Bill 2022 passed the Report Stage and is n

James Milliken, solicitor at Belfast-based Carson McDowell, considers the impact of generative artificial intelligence on UK copyright law. At the most basic level, copyright law attempts to balance the needs of authors with the interests of society as a whole. It is intended to provide a middle gro

McCann FitzGerald partners Rosaleen Byrne and Amy Brick and associate Louise Mitchell examine the first CJEU judgment to address the question of non-material damage under Article 82 of the General Data Protection Regulation. As set out in our previous briefing Compensation in Data Breach Claims &nda

Lewis Silkin Ireland partners David Hopper and Síobhra Rush examine the first WRC decisions on European Works Councils in Ireland. In the first cases decided under Ireland’s legislation on European Works Councils, the Workplace Relations Commission has provided welcome guidance for mult

Ireland must withdraw from the discredited Energy Charter Treaty, argues Eoin Jackson. In February 2023, a leaked communication from the European Commission signalled that a collective EU withdrawal from the Energy Charter Treaty (ECT) appeared "unavoidable". This follows on from announcements from