Analysis

It was never supposed to come to this. The Bar Council's historic decision to call for strike action over fee restoration is undoubtedly a dramatic development — and one that Irish Legal News believes is entirely justified. Successive governments have had long enough to rectify an abysmal situ

William Fry consultant Deirdre O'Donovan and partner Paul Convery look at the enhanced CEA and its involvement in tackling white-collar crime over the last year. With effect from 7 July 2022, the Corporate Enforcement Authority (CEA) was formally established as an independent statutory body under th

Michael Graham, head of private client at Cleaver Fulton Rankin, considers changes to continuing healthcare in Northern Ireland in the wake of a High Court ruling. In a judgment delivered on 30 June 2023, Northern Ireland's High Court quashed the decision of the Department of Health to adopt a contr

Despite plans for an EU withdrawal from the Energy Charter Treaty, a failure to deal with its sunset clause will continue to threaten action on the climate emergency, argues Eoin Jackson. On 7th July 2023, the European Commission announced its intention to facilitate a co-ordinated withdrawal of the

A psychonaut, according to a dictionary, is someone who explores altered states of consciousness, especially through hallucinatory drugs. The term apparently originates from 1970 when one author described the psychedelic, drug-induced experiences with his friend. Mike Jay is a historian of

Professor Donncha O’Connell and Dr Alan Greene explain their decision to dissent from the majority on the independent review of the laws underpinning the operation of the Special Criminal Court. Political supporters of the Special Criminal Court stoutly heralded the recent acquittal of Gerard

Hilda Mannix of RDJ LLP examines a recent court decision with significance for the dismissal of repossession suits for want of prosecution. A recent High Court decision of Ms Justice Hyland in Permanent TSB plc v Matthew Farrelly [2023] IEHC 255 has clarified the limited jurisdiction of the Cou

When former League of Ireland footballer Michael Sheehan was awarded €505,000 in damages at the High Court last month, it was an unusual case on many levels. Mr Sheehan claimed that he suffered injuries after he was pepper-sprayed and assaulted by members of An Garda Síochána. He

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