AuthorLaura Cahillane
PositionEditor in Chief
[2021] Irish Judicial Studies Journal Vol 5(1)
Welcome to the first edition of the Irish Judicial Studies Journal for 2021 .
In what has been a difficult period in so many ways, and in the context of the new world of
remote hearings, new technology, and new wa ys of doing things more generally, it is fitting
that the articles in this edition, for the most part, concentrate on very recent issues in the law
and are also forward-looking, concentrating on reform and on implications for the future
arising out of recent developments.
Max Barrett begins this edition with an assessment of the views expressed recently by the
UN Human Rights Committee in the Teitiota application and in the context of climate
change migration issues more generally. David Culleton then provides an overvi ew of the
law relating to Norwich Pharmacal Orders, including recent decisions of the superior
courts on this issue and he considers the most appropriate direction for reform in this area.
Marie Quirke and Katie Winder examine the issue of the platform economy, the difficulty
and consequence s of defining the employer-employee relationship, and whether the recent
case law has provided clarity on the complications arising from trying to define workers in
this context. The recent Uber case is discussed and the authors question whether current
legislation offers adequate protection for those dependant on the platform economy. Finn
Keyes analyses the recent, tragic case of Re JJ and issues surrounding end-of-life decisions
and childrens’ rights under Article 42A. He points out that, contrary to what may have
been thought previously as to the likel y effect Article 42A, this decision clearly signals that
the constitutional addition did create a significant change in the law in the delicate area of
child and family rights. In the final article, Peo Mosepele asks whether Ireland should
prohibit contemporaneous reporting of trials involving children. She examines this issue in
the context of the Ana Kriégel case and the recent controversy surrounding Section 252 of
the Children Act 2001, which seeks to protect the anonymity of children during trials.
In the book review section, Mary Laffoy looks at the latest edition of Byrne and McCutcheon on
the Iri sh Legal System a nd Sa oirse E nright considers Brian Barry’s new monograph on How
Judges Judge.
As always, I would like to thank our editorial team at the University of Limerick, our Judicial
Board, our c opy-editor Bláithín O’S hea, our copy-w riter Bríana Wal sh, and all of the
authors who contributed to this edition.
Bain taitnea mh as.
Dr Laura Cahillane
Editor in Chief

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