vLex Ireland

Legislation modernising the licensing and promotion of local gaming and lottery activity has been brought into effect. The government has described the Gaming and Lotteries (Amendment) Act 2019 as an “interim reform measure pending the comprehensive reform of gambling in Ireland”. View here.

The Parole Board will be put on an independent statutory footing by the end of next year, Justice Minister Helen McEntee has said. Ms McEntee gave an update on the implementation of the Parole Act 2019 as she launched the Board’s annual report for 2019. View here.

The Courts Service of Ireland has published a Covid-19 Level 3 restrictions notice concerning the conduct of business within the Office of the Legal Costs Adjudicators. View here.

The Courts Service of Ireland has confirmed that as of Tuesday, 1 December 2020, operating levels will return to those experienced prior to the Level 5 restrictions, following the Government’s announcement on Friday 27 November 2020. Under the new measures announced for Level 3 from 1 December 2020, those attending court buildings should wear face coverings, including outside court buildings where outdoor spaces are busy. View here.

The Central Bank of Ireland (the “Central Bank”) has published two documents which are significant steps towards enhancing the private equity and private credit product offerings currently available in Ireland. These documents have been published in anticipation of the update to the Investment Limited Partnerships Act, which is currently making its way through the Irish parliamentary process. (See Article)

The Court of Appeal of Ireland, in a judgment delivered by its president, Mr Justice George Birmingham, has allowed the State’s appeal challenging an order that it pay half the legal costs of a murder victim’s family. [2020] IECA 310.

On July 16, 2020, the Court of Justice of the European Union (“CJEU”) invalidated the EU–U.S. Privacy Shield with immediate effect in Case C-311/18 Data Protection Commissioner v Facebook Ireland Limited and Maximillian Schrems (called “Schrems II,” see our previous Commentary on this case). The court upheld the EU Standard Contractual Clauses (“SCCs”) for the... (See Article)

The High Court of Ireland has found that the case of Nahj Company for Services against the Royal College of Surgeons in Ireland involved an allegation of dishonesty, meaning that the cause was grounded on a claim of “fraud” in the equitable sense. Mr Justice Garrett Simons held that the College was therefore entitled to deliver its interrogatories without prior leave of the court. [2020] IEHC 539.

Plans to introduce a statutory sick pay scheme in Ireland by the end of 2021 have moved forward with the launch of a government consultation on how such a scheme could work. The consultation will run until Friday 18 December 2020. View here.

The Court of Appeal of Ireland has rejected the appeal of a man who assaulted and imprisoned an elderly man. Ms Justice Aileen Donnelly rejected the contention that a judge is not entitled to reflect mitigation through the use of a wholly or partially suspended sentence. [2020] IECA 299.

Mayo solicitor James Cahill has started his term as President of the Law Society of Ireland for the year 2020/21. His term of office runs until 13 November 2021. View here.

Cork solicitor Simon Murphy has been appointed to the Legal Services Regulatory Authority. Mr Murphy’s appointment and the reappointment of four other members was approved by the Oireachtas this week. View here.

The High Court of Ireland has adjudged a husband and wife bankrupt in a dispute arising from a breakdown in relations between shareholders. The court found that the debtors had “ample opportunity” to consider alternatives. [2020] IEHC 544.

The UK Cabinet Office released a statement last Thursday 5th November 2020 that could provide some breathing space for the UK/EU pharmaceuticals sector during the Brexit transition, by indicating that a one year implementation period would apply to application of the protocol for certain matters. For the pharmaceuticals sector, these include batch testing, importation and... (See Article)

The High Court of Ireland has ruled that the Motor Insurance Bureau of Ireland, which compensates victims of uninsured driving, will not be liable for any judgment against an uninsured driver who injured one of his passengers by crashing his car into a ditch. Mr Justice Bernard Barton found that the plaintiff was aware that the defendant was not an insured driver when he got into the vehicle. [2020] IEHC 555.

Three sushi firms operating from the bedroom of a house in Ireland have been closed down by authorities. The unregistered online sushi takeaway restaurants were run from the home with breaches of legislation, food safety controls and recordkeeping and the absence of safe practices when handling raw fish and cooked rice. The Food Safety Authority... (See Article)

The second edition of the Irish Judicial Studies Journal for 2020 has been published, featuring a wide range of articles on personal injury law, surrogacy, the Irish language, sexual offence prosecutions and more. View here.

The Supreme Court of Ireland has overturned the judgments of the High Court and Court of Appeal in an action taken by a 25-year-old man for catastrophic injuries allegedly suffered in the circumstances of his birth. [2020] IESC 67.

The Minister for Children, Equality, Disability, Integration and Youth, Dr Roderic O’Gorman TD, has announced the appointment of Ms Orlaith Traynor as the Chairperson of the Board of the Adoption Authority of Ireland. View here.

The Court of Appeal of Ireland has reiterated that allegations of professional negligence must be grounded in professional expert evidence. [2020] IECA 293.

The Court of Appeal of Ireland has held that the Children Act 2001 prevents the identification of a deceased child in criminal proceedings for an offence against the child. [2020] IECA 292.

Welcome to our Halloween edition of Republic of Labour Law, a spooky newsletter in which we distil the most frightening Irish legal and HR updates from the last month in 500 words or less. (See Article)

For many in the Funds Industry, the issue on 20 October 2020 of the Central Bank of Ireland’s (the “Central Bank”) Industry Letter (the “Industry Letter”) relating to the Central Bank’s Thematic Review of Fund Management Companies’ Governance, Management and Effectiveness (the “Thematic Review”) was a “Day of Reckoning” in relation to the Central Bank’s review of the operational model for many fund structures in Ireland. In this article, we look at the content of the Industry Letter and its impact on fund structures and fund managers in Ireland. Please see full Article below for more information. (See Article)

The Supreme Court of Ireland has held that a man is entitled to an award of costs against a judge of the District Court. The appeal flowed from judicial review proceedings taken by Brendan Kilty against Judge Cormac Dunne. [2020] IESC 65.

President Michael D. Higgins has signed the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records, and another Matter, Bill 2020 into law. The Government of Ireland won a Dáil vote on the bill by 78 votes to 67 on Thursday. View here.

“I worry that we are caught in a DPA (Data Protection Authority) beauty contest of who issues the bigger fine,” said Ireland Data Protection Commissioner Helen Dixon in her keynote for Daniel Solove’s Privacy+Security Academy Fall Forum Keynote. Additional Key Takeaways I am hesitant to list our enforcement priorities because I don’t feel that we... (See Article)

The High Court of Ireland has issued notices setting out its plans for continued civil and criminal business during the six weeks of heightened Covid-19 restrictions in the State. View here and here.

The High Court of Ireland, on appeal from the Solicitors’ Disciplinary Tribunal, has held that a solicitor was guilty of professional misconduct for failing to use his best endeavours to recover a barrister’s fees in a large number of cases. The judge said that failure to comply with obligations in respect of counsel’s fees on a widespread and enduring basis would ultimately bring the solicitors’ profession into disrepute. [2020] IEHC 520.

Due to the importance of data protection law for employee monitoring practices, a careful and considered approach must be taken when potentially highly intrusive methods, such as tracking employee vehicles, are used. Employees must be informed of the existence of tracking and how it operates, as well as being clearly informed of all the purposes... (See Article)

Business in the Irish courts is likely to be disrupted for six weeks as Ireland moves to Level 5 of the Framework for Living with Covid-19. The Courts Service yesterday set out its broad plans for court business under Level 5 and is expected to issue a further statement later today. View here.