Introduction

• Author: Laura Cahillane
• Position: Editor in Chief
• Pages: i-i

IRISH JUDICIAL STUDIES JOURNAL

i

[2021] Irish Judicial Studies Journal Vol 5(1)

Introduction

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