AuthorLaura Cahillane
PositionEditor in Chief
[2020] Irish Judicial Studies Journal Vol 4(2)
Welcome to the second edition of the Irish Judicial Studies Journal for 2020, in which we
have a diverse selection of articles from a range of authors across the legal spectrum.
For the tort enthusiasts, we have an article examining the area of aggravated damages,
another which looks at the issue of collateral benefits in the assessment of damages for
personal injury, as well as a further piece which traces the development of the law on
negligently inflicted psychiatric damage.
The issue of surrogacy in Ireland is examined in another piece which also looks at
international best practice in order to provide guidance on this difficult area of law. Another
very difficult area is considered in a piece on the applicability of data protection law on the
courts. The issue of cross-examination of vulnerable witnesses is detailed in a further piece
which looks at recent reforms and attempts to provide solutions to the current unsatisfactory
We have a very thought-provoking piece on Carl Jung, Father Victor White and the Book of
Job which interrogates the dynamic of friendship and how philosophical differences can
strain personal relationships. We also have a fascinating report of an empirical study focusing
on judicial perspectives on the contemporary judge-jury relationship, which demonstrates
how trial judges perceive trial by jury and their own role within it.
The previously un-published appendices of Hardiman Js judgment in the Ó Maicín case
provide the subject of a further piece which looks at the divisive issue of the right to an Irish-
speaking jury and considers similar precedent from Canada. The appendices are also included
in the piece, which is published as Gaeilge agus as Béarla.
Our final piece considers the low conviction rates relating to the crime of rape and attempts
to understand the complicated reasons for this.
We also have two very interesting book reviews.
I would like to thank our editorial team at the University of Limerick, and our newly
constituted Judicial Board, as well as our copy-editor Bláithín OShea, our copy-writer
Bríana Walsh, and all of the authors who contributed to this edition.
Bain taitneamh as.
Dr Laura Cahillane
Editor in Chief

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