vLex Ireland

The Government of Ireland has issued its legislative programme which contains 30 bills for publication and priority by Ministers in the autumn Oireachtas session. The Legislation Programme Autumn Session 2020 can be downloaded here.

The maximum sentence for conspiracy to murder will be increased to life imprisonment under a new bill announced by the Government of Ireland: the Criminal Justice (Miscellaneous Provisions) Bill 2020. View here.

A private member’s bill aiming to ban rent increases for three years is set to be debated in the Dáil: the Ban on Rent Increases Bill 2020. Details of the Bill can be found here.

The Revenue Commissioners, in collaboration with the Courts Service, Probate Office has launched a new online version of the Inland Revenue Affidavit (Form CA.24), called the “Statement of Affairs (Probate)” (Form SA.2). Introducing this new online first stage to filing and processing an application for probate or administration, aims to reduce previous common errors, as well as allowing applicants file efficiently from their office or home.View here.

The Law Society of Ireland has developed a new series of free online information sessions for newly qualified and trainee solicitors across the country. The sessions focus on career management, interview preparation and associated mental health matters. View here.

This OnPoint provides an overview of the long-awaited central register of beneficial ownership filing requirements for both ICAVs and Unit Trusts in Ireland together with an update on the specific issues related to maintenance of a beneficial ownership register for Unit Trusts. (See Article)

The High Court of Ireland, sitting qua the Central Criminal Court (as the court of re-trial), has certified that a man is entitled to compensation for wrongful conviction. The man had been acquitted of murder but a newly-discovered fact revealed that there had been a miscarriage of justice. [2020] IEHC 434.

Senior civil servant Oonagh McPhillips has been appointed Secretary General of the Department of Justice and Equality. View here.

The High Court of Ireland has made an order striking off a solicitor from the Roll of Solicitors for dishonesty. [2020] IEHC 381.

The Criminal Justice (Enforcement Powers) (Covid-19) Bill 2020 has completed Dáil Éireann, Fifth Stage. View here.

The High Court of Ireland has denied the State permission to appeal in a case where the court quashed the deportation order of two relatives of an EU citizen, having heard that they offered to undergo DNA testing at their own expense. [2020] IEHC 431.

Twenty barristers and seventeen solicitors are to be granted the title of Senior Counsel following the Government of Ireland’s approval of recommendations from the Legal Services Regulatory Authority’s Advisory Committee on the grant of Patents of Precedence. This is the first time that solicitors have been allowed apply to use the title of Senior Counsel, under the Legal Services Regulation Act 2015. View here.

Solicitors will have to collect contact details for contact tracing purposes from all people attending court on behalf of the party they represent under practice directions CC 26 and HC 94, which came into effect yesterday. View here.

The High Court of Ireland has denied an application for an order pursuant to Ord 31 r 1 RSC granting leave to deliver interrogatories in a swine flu vaccine personal injuries case. [2020] IEHC 427.

The High Court of Ireland has refused an ex parte application to admit a will to probate on the grounds that there were two obliterations on its face. [2020] IEHC 421.

The High Court of Ireland has held that a county council acted intra vires in impounding a horse following an accident, and that it was entitled to demand a fee before returning the animal. [2020] IEHC 424.

The High Court of Ireland has ordered that the Minister for Justice and Equality must establish a medical panel for the purposes of section 23 of the International Protection Act 2015. [2020] IEHC 402.

The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, which was signed into law by President Michael D. Higgins earlier this month, has been commenced with effect from today. The full text of the primary legislation will be available here shortly.

Officials in Ireland are investigating an outbreak of cryptosporidium linked to a salad that has affected more than 40 people. The Health Service Executive’s (HSE) Department of Public Health East was notified of an outbreak of cryptosporidiosis in the Dublin and Wicklow area. To date, 42 cases have been notified; with the onset of symptoms... (See Article)

The Property Registration Authority in Ireland has announced the reopening of the registry of deeds for access to pre-1970 records. Access to the registry is available from today on an appointment basis only, with appointments made via a new online booking system. View here.

The Courts Service of Ireland has published a notice in respect of Motions originally listed in the High Court Common Law Lists for the months of May, June, July, September and October 2020. These Motions will now be heard in September and October 2020. View here.

The Financial Reporting Council (FRC) is an independent regulatory body in the U.K. and Republic of Ireland (ROI) responsible for regulating auditors, accountants and actuaries. The FRC and its subsidiaries also play important roles in the oversight and development of corporate governance standards in the U.K. and ROI, such as the U.K. Corporate Governance and... (See Article)

The International Protection Appeals Tribunal has announced that it will re-commence hearing appeals at its Dublin premises from Thursday 6 August 2020. The tribunal has published an updated administrative practice note which sets out its plans for hearings at its Hanover Street premises. View here.

It is not possible to accurately compare foodborne disease rates between countries, according to the Food Standards Agency (FSA). The agency, which covers England, Wales and Northern Ireland, said this is because of different methodologies and recording systems. The FSA estimates there are about 2.4 million cases of foodborne illness every year in the United... (See Article)

The Supreme Court of Ireland has quashed the Government’s National Mitigation Plan to meet the National Transition Objective in combating climate change on the grounds that it is “excessively vague and aspirational”. [2020] IESC 49.

The Financial Provisions (Covid-19) (No. 2) Bill 2020 has completed Seanad Éireann, Fifth Stage. View here.

The Courts Service of Ireland has announced that a new online application process for grants of probate and letters of administration is set to be rolled out from September. View here.

The Supreme Court of Ireland has dismissed the appeal of a Detective Garda who was convicted of the harassment of a State solicitor. [2020] IESC 45.

On July 7, the Court of Justice of the European Union (ECJ) invalidated the EU-US Privacy Shield framework in its ruling in Data Protection Commissioner v. Facebook Ireland and Maximillian Schrems (Case C-311/18). More than 5,000 organizations in the United States have certified their adherence to this framework, and have relied on it to receive... (See Article)

Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the EU-U.S. Privacy Shield invalid in Data Protection Commissioner v. Facebook Ireland and Schrems (C-311/18) (Schrems II), effective immediately. Businesses that... (See Article)