vLex Ireland

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.

The Supreme Court of Ireland, in an international protection appeal, has held that there is no express right to enter the State for the purposes of making an application, save where the person is at its frontiers. In her judgment, Ms Justice Marie Baker also criticised remarks made by the trial judge about counsel. [2020] IESC 62.

The Supreme Court of Ireland has ruled that the existing procedure to revoke Irish citizenship from people who acquire Irish nationality is unconstitutional. Ms Justice Elizabeth Dunne, handing down her ruling in Ali Charaf Damache v the Minister for Justice and Equality today, said there were insufficient safeguards for the procedure under s.19 of the Irish Nationality and Citizenship Act 1956. [2020] IESC 63.

The Court of Appeal of Ireland has ruled that the co-founder of Bula Mine, who failed in his bankruptcy appeal, must pay costs. [2020] IECA 274.

Amendments to the Court Core Book of authorities in terms of Practice Direction HC 97 have been made and published on the Courts.ie website. View here.

The Collector-General of the Revenue Commissioners has been successful in a case for the recovery of €1.7 million in VAT due and owing against a man who sought discovery of the documentation on which Revenue was relying. [2020] IEHC 496.

Government plans to make Ireland “climate neutral by 2050” are set to be enshrined in law under a new bill published today. The Climate Action and Low Carbon Development (Amendment) Bill 2020 establishes a 2050 emissions target and introduces a system of successive five-year, economy-wide carbon budgets starting in 2021. View here.

Children’s Minister Roderic O’Gorman yesterday received government approval for the text of the Commission of Investigation (Mother and Baby Homes and certain related Matters) Records Bill 2020. The general scheme of the bill was published last month. View here.

The Food Safety Authority of Ireland (FSAI) has reviewed the main activities of this past year which marked the agency’s 20th anniversary. The annual report covers enforcement, inspections, sampling, recalls, Brexit, and food fraud. FSAI also launched the authority’s 2019 to 2023 strategy and held a conference, “The Science of Food Safety – What’s our... (See Article)

The German data protection authority of the federal state of Baden-Württemberg (LfDI BW) has issued detailed guidance (Guidance) on international data transfers this August and September. This is the first official guidance by a data protection authority following the decision of the Court of Justice of the European Union (CJEU) in the Schrems II case... (See Article)

The Forestry (Miscellaneous Provisions) Bill 2020 was signed into law by President Michael D. Higgins on Friday 2nd October, 2020. View here.

Agriculture Minister Charlie McConalogue has commenced certain sections of the Greyhound Racing Act 2019, relating to the Welfare of Greyhounds Act 2011 and the Animal Health and Welfare Act 2013. View here.

Ryanair DAC has lost judicial review proceedings challenging the legality of the Government of Ireland’s coronavirus travel advice. The High Court found that the government did not usurp the legislative power, and that it did not exceed its executive power. [2020] IEHC 461.

News sources reported this month that the Irish data protection authority (DPA) had sent Facebook a preliminary order that would prohibit the transfer of information about European Union (EU) residents to US Facebook users. Facebook will appeal the order. This may be only the beginning of a cascade of orders that threaten to interrupt social media and other forms of internet-based commerce between Europe and the US. How did this happen? (See Article)

The President of the High Court, Ms Justice Mary Irvine, has provided an update on civil litigation during the Covid-19 pandemic. Irvine P thanks the Courts' staff and registrars for their contributions to keeping the Court functioning, and reminds those attending the Courts of the need to follow safety guidelines. Details of the statement can be found here.

The High Court of Ireland, in what is described as the first written judgment on the suspension of pharmacists under the Pharmacy Act 2007 s. 45, has suspended a pharmacist from practice. [2020] IEHC 481.

An Irish Subway franchisee, Bookfinders Limited, has lost an appeal on liability for VAT on sales of certain products. The franchisee had argued its bread was subject to zero rating for VAT, but the Supreme Court held that it did not meet the statutory requirements under the Value-added Tax Act 1972 to benefit from the zero rating. Details of the judgment can be found here.

On 28 September 2020, the Central Bank of Ireland (the “Central Bank”) sent a letter to the Irish funds industry outlining the timeframes for receipt of: (i) new fund applications; and (ii) post-authorisation amendments that have approval deadlines before Christmas or year-end (the “Year-End Letter”). (See Article)

The Supreme Court of Ireland, in two separate judgments related to the Freedom of Information Act 2014, has held that public bodies must justify their refusal to disclose confidential or commercially sensitive documents under the Act. [2020] IESC 57 and [2020] IESC 58.

Ministers have approved legislative plans aimed at enhancing Ireland’s regulatory environment in international financial services. The Investment Limited Partnerships (Amendment) Bill 2020 aims to promote investment and secure Ireland’s competitiveness as a market for financial services. View here.

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.