Author | | Title | Citation |
Alma Clissman | | Freedom to choose legal representation: Law Society of Ireland v Competition Authority | (2006) 100 (1) LSG 9 |
| | European; Freedom of choice; not absolute right; Art. 40.3; Art. 6 ECHR
|
Geoffrey Shannon | | Seen but not heard | (2006) 100 (1) LSG 20 |
| | Family Law; Children as possessions; child as a legal person; Art. 41 and 42 of Constitution
|
Catherine McGrath | | Auditory Nerves | (2006) 100 (1) LSG 24 |
| | Taxation; Revenue audit process; disclosure and settlement; interest and penalties
|
Jennifer O' Brien | | Blind Justice | (2006) 100 (1) LSG 28 |
| | Family Law; In camera rule; family law reporting; Civil Liability and Courts Act 2004; UN Convention on the Rights of the Child and the Human Rights Act 2004
|
Damian McHugh | | "Location, location, location" | (2006) 100 (1) LSG 32 |
| | Criminal Law; "Location of murder trial; jurisdiction; Offences Against the Person Act 1861, section 9; extradition"
|
Cormac Little | | Reform of EC procurement rules: from the Public Sector Directive | (2006) 100 (1) LSG 52 |
| | European; EC public procurment rules; e-procurement; contracts; social and environmental considerations
|
Alma Clissman | | Delay under the Constitution and the ECHR | (2006) 100 (2) LSG 11 |
| | Human Rights; Practical application of ECHR; time dealys; resolvement of legal issues
|
Dara Robinson | | Hearing the voice of the silent victim | (2006) 100 (2) LSG 14 |
| | Criminal Law; Victim impact statements; Criminal Justice Act 1993
|
Murray Smith | | School's Out | (2006) 100 (2) LSG 18 |
| | Tort; Alleged negligence of schools; ‘Prudent parent’ standard of care; personal injury damages
|
Anne O' Neill | | Pulling Together | (2006) 100 (2) LSG 24 |
| | Family Law; Collarbrative family law; dipute resoultion; problem solving approach; participation agreement
|
Brian Hunt | | A Matter of Interpretation | (2006) 100 (2) LSG 32 |
| | Interpretation; Interpretation Act 2005; Significant new provisions; Repeal of previous acts;standardisation of terms in legislation
|
Conor McGuire | | Seasonal offerings in EC competition law | (2006) 100 (2) LSG 55 |
| | Competition Law; Damages for breach of EC Competition Law; no-fault liability; abuse of dominance; Art. 82 EC
|
Alma Clissman | | "Magilligan, slopping out and article 8 of the ECHR" | (2006) 100 (3) LSG 11 |
| | Human Rights; Human Rights Act 1998; unjustified and disproportionate interference; prisoners’ human dignity; public interest
|
Geoffrey Shannon | | Falling short of our obligations | (2006) 100 (3) LSG 16 |
| | Children; Constitutional definition of 'the family'; the family as an institution; child as a legal person
|
Michael Keely | | Publish and be Damned | (2006) 100 (3) LSG 20 |
| | Blasphemy Law; Crime of blasphemy; Corway v Independent; limit of free speech; Defamation Act 1961; Art. 40.6.1 of Constitution
|
Aoife Henry | | Red card for Referees | (2006) 100 (3) LSG 24 |
| | Employment; Obligation to provide reference; implied contractual duty; duty of care; employee remedies
|
Margaret Grey | | "Can't sue, won't sue" | (2006) 100 (3) LSG 30 |
| | Competition Law; Enforcement of competition law; Private civil actions; EC Commission Green Paper; disincentive to bring claims
|
Emer Woodfull | | Schools of Thought | (2006) 100 (3) LSG 34 |
| | Education; Education litigation; Schools’ boards of management; standards of behaviour;
|
Noeline Blackwell | | International human rights instruments in Irish law | (2006) 100 (4) LSG 12 |
| | Human Rights; Practical application of ECHR; accountability for breach; international human rights
|
Stuart Gilhooly | | PIAB- the case for the defence | (2006) 100 (4) LSG 16 |
| | Law of Tort; Respondents' interests and protection; ‘all-in tender'; acceptance of liability
|
Hilary Coveney | | Sweet child o' mine | (2006) 100 (4) LSG 20 |
| | Constitutional Law; Assisted reproductive technologies; ‘Embryo custody' case; Wider implications on Succession Act rights; ‘embryo custody’
|
Dermot McNamara | | Club Sand Wedge | (2006) 100 (4) LSG 24 |
| | Code of Conduct; Role of club trustees; Serving alcohol; Data protection requirements; no legal persona
|
Evan O' Dwyer | | Points of Order | (2006) 100 (4) LSG 32 |
| | Road Traffic; Penalty-point system for traffic offences; Legal basis; Enforcement issues
|
Brian Conroy | | Change of Direction | (2006) 100 (4) LSG 36 |
| | Directors; Restrictions on company directors; The La Moselle test; Companies Act 1990; ‘phoenix syndrome’
|
John Handell | | "Horns of a dilemma? Ireland, the EU and the treatment of migrant workers" | (2006) 100 (4) LSG 60 |
| | European; Immigration for employment; free movement of people; employment protection and labour market flexibility; immigration policy
|
Alma Clissman | | Swiss defend press freedom | (2006) 100 (5) LSG 13 |
| | Human Rights; "freedom of expression; article 10 of the ECHR; freedom of press, proportionate conviction"
|
Henry Murdoch | | "Is fearr béarla cliste, ná Gaeilge bhriste?" | (2006) 100 (5) LSG 16 |
| | Constitutional Law; Official Languages Act 2003; first official language; requirement for legal profession
|
Andy Harbison | | Concealed Weapons | (2006) 100 (5) LSG 20 |
| | Information Technology; IT forensics and electronic discovery; metadata; uses in litigation; evidence
|
Denis Kelleher | | Under Surveillance | (2006) 100 (5) LSG 24 |
| | Privacy; Privacy of the individual; Data protection; protection of individuals privacy
|
Maebh Harding and Mark Murphy | | Man I feel like a woman | (2006) 100 (5) LSG 28 |
| | Constitutional Law; "Legal recognition of transsexualism; birth certs, marriage and rights of the family; equality; approaches in other jurisdictions"
|
Mark McDermott | | Pearl of the Adriatic | (2006) 100 (5) LSG 32 |
| | International Dispute; The scars of war; Mostar’s uneasy peace; judicial reform
|
Brian Conroy | | Director's Cut | (2006) 100 (5) LSG 36 |
| | Company Law; Restrictions on company directors; Section 150 of the Company Law Enforcement Act 2001;executive relief
|
Geoffrey Shannon | | Brussels II bis: its impact in Ireland | (2006) 100 (5) LSG 55 |
| | European; Family law; foreign divorces; standardised rules; ‘habitual residence’; rights of child
|
Alma Clissman | | Prosecuting war criminals | (2006) 100 (6) LSG 9 |
| | Human Rights; Liability for torture; Geneva Convention; UN Convention Against Torture
|
Brian Foley | | Time to think about the 'nuclear option?' | (2006) 100 (6) LSG 12 |
| | Constitutional Law; Vindicating and protecting constitutional rights; unconstitutional legislation; ECHR;
|
Edel Kennedy | | The hand that robs the cradle | (2006) 100 (6) LSG 18 |
| | Criminal Law; "Criminal liability in sexual offences; CC v Ireland, DPP and AG; Criminal Law (Sexual Offences) Act 2006; child protection"
|
Patrick Mullins | | To have and to hold | (2006) 100 (6) LSG 22 |
| | Family Law; Requirement to register a lis pendens; ranking of the judgment mortgagee and the interest of a spouse; start date of family-law proceedings
|
Rosemarie O' Loughlin | | All together now | (2006) 100 (6) LSG 26 |
| | Competition Law; Competition Authority and merger enforcement; mandatory notifications ‘out of time’; criminal penalties for failure to notify
|
Denis Linehan | | Good deed for the day | (2006) 100 (6) LSG 34 |
| | Land Law; Registration of Deeds and Title Act 2006; new Property Registration Authority; changes to the legislation relating to the Land Registry
|
Eoin Dee | | Tell me more | (2006) 100 (6) LSG 38 |
| | Freedom of Information; Appeals under the Freedom of Information Act 1997; justifying the decision to refuse; access to records held by the courts and tribunals
|
Geoffrey Shannon | | Brussels II bis: its impact in Ireland (part 2) | (2006) 100 (6) LSG 60 |
| | European; Green Paper on Applicable Law in Divorce Matters (Rome III); article 41.3.2 of the Irish Constitution; transfrontier judicial co-operation
|
Alma Clissman | | l'Affarie Dreyfus - lessons for today from 100 years ago | (2006) 100 (7) LSG 14 |
| | Human Rights; Miscarriage of justice; stigmatised minorities; protection; secularism
|
Brian Hunt | | Electro - shock | (2006) 100 (7) LSG 18 |
| | Public Interest; Electronic statute book errors; benefits of electronic version now redundant; Tasmanian electronic model should be followed
|
Elaine Greer | | The art of restoration | (2006) 100 (7) LSG 22 |
| | Company Law; Restoring a company to the register; proofs required; briefing counsel; costs of the application
|
Stuart Gilhooly | | Dog eat dog | (2006) 100 (7) LSG 26 |
| | Law of Tort; "Personal Injuries Assessment Board Act 2003, joining of co-defendants; issuing an O’Byrne letter"
|
Joice Carthy | | Expert Assistance | (2006) 100 (7) LSG 30 |
| | Litigation; Expert reports in personal injury actions; practical implications for practitioners; party's disclosure obligations'
|
David Geary | | Jumping the gun in merger cases | (2006) 100 (7) LSG 58 |
| | Competition Law; Competition Act 2002; merger control rules; regulatory rules
|
Alma Clissman | | "Intractable action, abduction and the ECHR" | (2006) 100 (8) LSG 13 |
| | Human Rights; Practical application of ECHR; role of courts; Strasbourg standards
|
Michelle Ní Longáin | | The ABC of PQE | (2006) 100 (8) LSG 22 |
| | Employment Law; PQE and discrimination; indirect discrimination on age and other grounds; a strong defence
|
Dara Robinson | | Wiping the slate clean | (2006) 100 (8) LSG 29 |
| | Young Offenders; Rehabilitation of young offenders; practice in other jurisdictions; deleting criminal records after a period of time
|
William Kennedy | | Expert view | (2006) 100 (8) LSG 32 |
| | Litigation; Immunity from suit of a witness or expert; bringing disciplinary proceedings against experts; changes to in camera rule in this area
|
Stephen Collins | | Heavy traffic | (2006) 100 (8) LSG 36 |
| | Human Rights Law; The ‘modern’ problem of trafficking; Palermo Protocol; trans-national crime with national implications
|
Suzanne Egan | | Extraordinary rendition: Ireland’s international human rights obligations | (2006) 100 (9) LSG 13 |
| | Human Rights; Extra-judicial transport of suspects; detentions; international enquiries
|
Alma Clissman | | Child law conference reveals consensus on culture change | (2006) 100 (9) LSG 15 |
| | Children; Rights-based child law; family courts; ‘Skinner principles’; in camera rule
|
Fergus Finlay | | Constitutional change is needed to protect children's rights | (2006) 100 (9) LSG 20 |
| | Children; Law as it affects children; sexual abuse; child poverty; inalienable rights
|
Imogen McGrath | | Air wars | (2006) 100 (9) LSG 24 |
| | Competition Law; Ryanair and Aer Lingus; EC merger control and the air transport industry; the Antipodean experience
|
Bryon Wade | | "The shrink, the chippy, his wife and her doctor (Part 1)" | (2006) 100 (9) LSG 28 |
| | Mental Health Law; Incorrect diagnosis of mental illness; attempt to commit plaintiff to psychiatric institution; delay in release of psychiatric report
|
Martin Canny | | Justice Denied? | (2006) 100 (9) LSG 32 |
| | Litigation; Delay; new approach of the courts; applications to dismiss for want of prosecution
|
Richard Grogan | | Division of Labour | (2006) 100 (9) LSG 35 |
| | Employment Law; Employment malpractice claims; exploitation of foreign workers; the employer’s defence
|
Gabriel Brennan | | Electric Picnic | (2006) 100 (9) LSG 38 |
| | Conveyancing; Electronic conveyancing; Ireland’s e-conveyancing strategy; current progress
|
James Kinch | | Member state liability for infringements of community law by a supreme court | (2006) 100 (9) LSG 58 |
| | European; Damages; Art. 228 EC; legal certainty; res judicata; interpretation
|
Alma Clissman | | Supreme Court decision defends amicus interventions | (2006) 100 (10) LSG 11 |
| | Human Rights; ECHR Act 2003; Constitution; Amicus curiae; interpretation
|
Hilary Coveney | | Child in time | (2006) 100 (10) LSG 18 |
| | Family Law; Private law issue of consent; meaning of the term ‘unborn’; personal rights; Constitution
|
Geoffrey Shannon | | Breaking up is hard to do | (2006) 100 (10) LSG 26 |
| | Contact Law; Recognition of pre-nuptial agreements; Family Law (Divorce) Act 1996; separation; case law in other jurisdictions
|
Brónagh Maher | | In whose interest? | (2006) 100 (10) LSG 30 |
| | Company Law; "Dispositions by solvent companies; Companies Act 1963, section 218; Joyce v Wellingford Construction Limited"
|