vLex Ireland

Preliminary trial hearings will be introduced in Irish law for the first time by the summer under government plans announced today. The Criminal Procedure Bill 2021 will implement a recommendation raised in successive reports into the conduct of criminal trials in the State. The bill, which the government hopes to steer through the Oireachtas before the summer recess, has been developed in consultation with the Courts Service and the Director of Public Prosecutions. View here.

The Court of Appeal of Ireland has upheld a defendant’s appeal in part and remitted summary proceedings to the High Court to allow a bank to amend its summons with proper particulars of the debt, in line with the Supreme Court ruling in Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84. However, the defendant was required to pay 50 per cent of the bank’s costs for the hearing because the defendant failed to raise the O’Malley point in her notice of appeal. [2021] IECA 9.

The Court of Appeal of Ireland has dismissed an appeal against the renewal of a personal injuries summons and has confirmed the proper legal test for the renewal of a summons under the recent amendment to Order 8 of the Superior Court Rules in 2018. In a High Court application to renew a summons, it will be sufficient for a party to show “special circumstances” to justify the renewal, the court said. [2021] IECA 3.

The Minister for Justice Helen McEntee TD and the Minister of State for Law Reform James Browne TD today announced the publication of the General Scheme of the Criminal Justice (Exploitation of Children in the Commission of Offences) Bill, which will outlaw the grooming of children into crime. View here.

Food delivery firms Deliveroo and Uber Eats are allowing businesses with 2 food hygiene ratings to be listed on their platforms. The Food Hygiene Rating Scheme (FHRS) in England, Wales and Northern Ireland gives businesses a rating from 0 to 5, with 5 being the best. A score of 2 means some improvement is necessary.... (See Article)

On January 13, 2021, Advocate General Michal Bobek of the Court of Justice of the European Union issued his Opinion in the Case C-645/19 of Facebook Ireland Limited, Facebook Inc., Facebook Belgium BVBA v. the Belgian Data Protection Authority. (See Article)

The High Court of Ireland has granted summary judgment against a defendant despite the defendant asserting a counterclaim for damages for breach of contract. The court described the defendant’s claim as “simply too vague” to stay the judgment and ordered that the defendant pay €125,600 including interest to the plaintiff. [2021] IEHC 13.

The number of enforcement orders served on businesses for breaching food safety legislation in 2020 in Ireland fell by 67 percent compared to the year before. The Food Safety Authority of Ireland (FSAI) reported that 42 enforcement orders were given to food businesses compared to 125 in 2019. Officials say the decline reflects the impact... (See Article)

Legislative proposals to reform the electoral process, including by establishing an Electoral Commission for Ireland, regulating online advertising and amending the law to reflect Covid-19 restrictions, have been published. The general scheme of the Electoral Reform Bill also includes provisions to modernise the electoral registration process. View here.

Due to the continuation of public health measures as a result of Covid-19, the High Court Civil Jury actions scheduled for hearing from Tuesday 2nd February 2021 have been cancelled. The next High Court Civil Jury call over is scheduled for the 25th March 2021. View here.

The High Court of Ireland has granted an order for full costs despite the applicants only being partially successful in their judicial review proceedings. The court considered the case to be one of “general public importance”, raising significant issues regarding journalistic privilege and freedom of expression. [2021] IEHC 11.

The Food Safety Authority of Ireland (FSAI) has identified emerging food safety risks, food chain vulnerability assessments and fresh produce traceability as areas for research. The agency said research is needed to address gaps in knowledge, support regulation and identify emerging issues and threats to the food system in Ireland. FSAI publishes areas of priority... (See Article)

The High Court of Ireland has held that the general “costs follow the event” rule applies in regulatory disciplinary matters which come before the courts. [2020] IEHC 674.

On 4 January 2021, Ofgem issued a direction stating that under Article 9(1A) of the onshored Regulation on wholesale energy market integrity and transparency (REMIT), as amended, until further notice, the obligation to register with it does not apply to wholesale energy market participants that are already registered with the Northern Ireland Authority or with... (See Article)

Justice Minister Helen McEntee has announced that fees for personal insolvency applications will continue to be waived until at least the end of 2023. View here.

The taking or sharing of intimate images without consent, otherwise known as image-based sexual abuse, is set to become a criminal offence under a new law approved by the Oireachtas. The Harassment, Harmful Communications and Related Offences Bill was amended last month to include the new offences. View here.

The Irish Sign Language Act 2017, legislation recognising Irish Sign Language as one of the native languages of the State and providing for its use in legal proceedings, has been commenced. View here.

A quarter of home cooks are nervous about cooking the Christmas meal, according to research by “safefood.” The online poll of more than 300 adults across Northern Ireland in late November also found that one in six people aged between 18 and 34 years old will be cooking their first Christmas dinner this year. Safefood... (See Article)

The taking or sharing of intimate images without consent, otherwise known as image-based sexual abuse, is set to become a criminal offence under a new law approved by the Oireachtas. The Harassment, Harmful Communications and Related Offences Bill was amended last month to include the new offences. View here.

The High Court of Ireland has granted an application by Norwegian Air to appoint an examiner over six companies in the Norwegian Group. The court noted that the struggling company had met serious challenges in recent times, with the airline only having six planes in use due to the coronavirus pandemic. The court said that “radical measures” had been implemented in 2019 and 2020 but “still more is required”. [2020] IEHC 664.

The Workplace Relations Commission has launched a public consultation on the drafting of a new code of practice on the “right to disconnect”. The code will set out guidance for employees and employers with regard to best practice and approaches to employee disengagement outside normal working hours. View here.

A resource has been added Trinity College Law Review (from the number I-1998, January 1998)

The Investment Limited Partnerships (Amendment) Bill 2020, passed in the Dáil, is set to accelerate Irish fund industry growth, help firms facilitate the green recovery, and open the door for new global private fund market entrants to domicile in Ireland as a key base for European capital raises. View here.

The French data protection authority’s decisions cite violations of the cookie rules under the ePrivacy Directive and provide important insights on explicit consent. By Gail Crawford, Myria Saarinen, Tim Wybitul, and Wolf-Tassilo Böhm Between December 2019 and May 2020, the French data protection authority (CNIL) conducted multiple online investigations by visiting google.fr and amazon.fr, before... (See Article)

This week in the Republic of Labour Law, we look at the employment law winners and losers from 2020. In January, Brexit was the headline. In December, Brexit is the headline once more. There is a grim symmetry to this year’s news cycle which was largely filled with Covid. (See Article)

A resource has been added Cork Online Law Review (from the number 2-2003, January 2003)

Government ministers have approved the drafting of legislation to replace the Judicial Appointments Advisory Board with a new Judicial Appointments Commission chaired by the Chief Justice. The new Judicial Appointments Commission Bill differs from the bill proposed in 2017 in that it proposes a smaller commission helmed by the Chief Justice rather than a lay chairperson. View here.

Ireland’s data protection watchdog has imposed a €450,000 fine on Twitter following a landmark inquiry regarding a data breach. The Data Protection Commission (DPC) found that the social media giant infringed Article 33(1) and 33(5) of the EU General Data Protection Regulation in terms of a failure to notify the breach on time to the DPC and a failure to adequately document the breach. View here.

The government yesterday announced new provisions in the finalised general scheme of the Online Safety and Media Regulation Bill, which will establish a new Media Commission replacing the Broadcasting Authority of Ireland. Social media companies will face fines of up to €20 million or 10 per cent of turnover, whichever is higher, for failing to comply with new online safety and media regulation laws. View here.

On December 10, 2020, the French Data Protection Authority announced that it has levied fines on Google LLC, Google Ireland Limited and Amazon Europe Core for alleged violations of the French cookie rules. This post examines the French cookie rules, CNIL’s territorial jurisdiction, the investigations and the sanctions levied against each company. (See Article)