Analysis

The European Court of Human Rights (ECtHR) gave judgment in the significant case of Airey v Ireland 43 years ago this Sunday. The case was taken by the late Josie Airey who sought a High Court separation order from her abusive and alcoholic husband of around 20 years. However, Mrs Airey could not af

Comyn Kelleher Tobin partner Denise Kirwan and intern Anna McCormack give an overview of recent changes to child care law in Ireland. The Child Care (Amendment) Act 2022 was signed into law by the President on 19th July 2022. When introducing the Act as a bill in the Dáil, Minister for Childr

Dr Laura Cahillane calls for legislative reform to end the practice of directly elevating attorney generals to the bench. Last June, during the report stage of the Judicial Appointments Commission Bill, the Sinn Féin justice spokesman Martin Kenny put down an amendment to create a cooling-off

The UK Supreme Court will soon have the opportunity to settle the law relating to the proximity issue of plaintiffs as secondary victims in claims arising from clinical negligence, writes Belfast barrister James Stitt. On 13th January 2022 the Court of Appeal of England and Wales handed down judgeme

Eoghan O'Sullivan of KOD Lyons considers the circumstances in which players can cross the line on the pitch and end up before the criminal courts. This year's season of GAA games saw some exciting and amazing displays of athleticism from the best that our counties have to offer in both hurling and f

Lyn McCarthy and Fergal Mullins of Hayes solicitors examine a recent High Court judgment concerning an interim suspension application brought by a professional regulator. The recent judgment of Ms Justice Irvine in relation to an interim suspension application brought by the Health and Social Care P

Hannah Boyd of Eversheds Sutherland in Belfast examines how 'green leases' can be used to tackle the climate crisis. As businesses and corporations explore ways in which they can do their part to tackle the climate crisis, the role of commercial real estate cannot be understated. It’s estimate

With a recent court ruling, France is showing Ireland the way forward on environmental justice, Tom O'Connor reports from Toulouse. The right to live in a healthy and stable environment was established as a fundamental freedom this week by the French Conseil d’État, the country’s

When global law firm Taylor Wessing opened its first Irish office in Dublin just over a year ago, it had strategic growth plans to support international technology and life sciences sector organisations with its own specialist advice. Its base in a Georgian townhouse in the city’s Ely Place by

Clare Daly, child law solicitor with Comyn Kelleher Tobin (CKT), discusses Ireland’s evolving online safety legislation and the decision from the expert review group that an independent complaints mechanism within the new regulator, Coimisiún na Meán, is "feasible". An inquest ha

Aisling Ray, associate at Fieldfisher Ireland, considers the recent Court of Appeal judgment in Law Society of Ireland v Daniel Coleman. The Court of Appeal recently issued a judgment in the case of Law Society of Ireland v Daniel Coleman, which deals, inter alia, with the issue of dishonesty in pro

Tom O’Connor travels to Poland, where he finds pressure on the independent judiciary is intensifying and the country’s defiant judges in a grim mood. An EU fine of €1 million a day is, it appears, a price worth paying for Poland’s populist government which is garbing its susta

The new legal year is fast approaching and that means a new cohort of devils will begin their careers at the Bar. While acknowledging that everyone will have slightly different experiences in their first year, I have put together some advice for new practitioners based on my own experience of devill

The Assisted Decision-Making (Capacity) Act 2015 is due to be commenced on the 21st November 2022. The recent High Court decision in Re JD [2022] IEHC 518 highlights the important changes to capacity assessments that will be required under that Act, and how consultants are already choosing to carry

Michael Madden of Mason Hayes & Curran LLP examines forthcoming changes to Ireland's data retention laws. The Communications (Retention of Data) (Amendment) Act 2022 is intended to amend existing Irish data retention law to address the impact of recent EU case law, including that relating to the