Blog

  Expert witnesses who give questionable evidence in Court could end up being sued for compensation under the recommendations that are before the Law Reform Commission. The proposals are to abolish the traditional assumption of immunity for expert witnesses.  The Commission is considering that where the witness acts with gross negligence in its reports or evidence, they should be personally liable for any civil claims that arise as a result of such negligence. Every year many thousands of medical, engineering, financial and other technical reports are prepared for both Plaintiff and Defendants in Court cases.  The author of such reports can be required to attend Court to explain their report and observations and justify their conclusions. Concerns have been raised at the lack of standards and regulations which has allowed too many experts to take up too much Court time with reports and evidence that either added little to the progress of the case in hand or indeed showed bias to whichever side has paid for their services. The Commission is urged that there be pre-trial case management to distil what expert evidence is needed.  The Commission has said that legislation is needed to set out the duties of experts […]

The annual Tipperary Solicitors Bar Association team building weekend  for 2016 is proposed for Rome, Italy this September. Flights will consist of: 22nd September 2016 DUBLIN TO ROME Fri 16:00 – Fri 20:00 EI 406 25th September 2016 ROME TO DUBLIN   Sun 20.45 – Sun 23:05 EI 407 Accommodation this year will be in the 4-star Domus Romana Hotel  which has a convenient location in the centre of Rome City, capital of Italy, situated on the Via delle Quattro Fontane just off Via Nazionale. A restored 17th century convent, the Domus Romana Hotel has 47 inviting rooms and 19 spacious family apartments, retaining much of the rich architectural details and also has a pretty inner courtyard and fountain. The hotel offers a B&B service and a warm welcome to leisure and business visitors, providing good value accommodation and facilities while in Rome. With easy access to many attractions, chic shopping venues and stylish restaurants and bars, the 4-star Domus Romana Hotel is a terrific option to book into when in Rome. Getting to the hotel: Approximately 30-45 minutes journey from Rome Fiumicino Leonardo da Vinci Airport or Ciampino Airport. Local tips: The hotel is situated only minutes away from the exclusive Roman shopping areas of Via Condotti, […]

A somewhat unusual set of circumstances arose recently, which led me to ponder, what right an Accused has, to question the decision making of the DPP. In short, a 20 year old male was arrested for the investigation of an allegation of criminal damage. Whilst detained in the Garda Station, he managed, during the course of a cigarette break, to escape and was eventually apprehended, 2 days later. Arising out of the above, he received four charges, namely, one count of criminal damage, one count of escape from lawful custody, one count of possession of cannabis and one count of assaulting a Garda, causing harm. The matter appeared in the District Court list and was adjourned, so that the Gardaí could obtain the DPP’s directions. The directions came back, after approximately three weeks and the DPP was agreeable to all four charges, proceeding in the District Court, on a plea of guilty only. This created a concern for me.  I believed that the DPP was incorrect in grouping the charges together, as a singular set of charges.. I considered that even though they allegedly occurred over a two day period, while the accused was on an apparent “spree”, they were […]

On the 12th January 2016 in the case of Bărbulescu –v- Romania, the European Court of Human Rights “ECHR”) ruled that an employer in Romania did not breach the privacy rights of its employee when it monitored personal chats on a Yahoo Messenger account which he was required to use for work purposes. In this case Mr. Barbulescu was an engineer who used his work Yahoo Messenger account to send and receive personal messages. This was in breach of the terms of his contract of employment and as a result he was dismissed. Mr. Barbulescu challenged his dismissal in his own country and the Romanian Court upheld his dismissal and found in favour of his employer. He went on to challenge the decision to terminate his employment on the ground that there was a breach of his privacy which was protected by Article 8 of the European Convention on Human Rights. Article 8 is a right to respect for private and family life, the home and correspondence. The European Court of Human Rights held that Article 8 was relevant but that the Romanian Court was entitled to accept that the evidence in the case was sufficient to justify the employer […]

A long wait ended After a long wait, the 2015 Children and Family Relationships Act has come into operation. The Act is undoubtedly among the most significant changes in family legislation in Irish history and it is hoped that Ireland’s family law will now better reflect the realities of modern family life. The Minister for Justice and Equality, Frances Fitzgerald TD, signed an order to commence key provisions of the Act on guardianship, custody and access earlier this month meaning they are now in effect. Automatic Guardianship for Qualifying Fathers Grabbing headlines across various media outlets was the automatic recognition of guardianship for unmarried fathers, provided they have cohabited with the child’s mother for 12 months including three months following the child’s birth. It should be noted that this provision is not retrospective, so guardianship will only be acquired automatically where the parents live together, in a cohabiting relationship, for at least 12 months after the 18th of January 2016 (the actual date the commencement order for the act’s provision was signed). Catching up to society Family members other than the parents will also now enjoy greater rights. Following this commencement order a parent’s spouse, civil partner or cohabitant of not less […]

     Following on from the success of last year’s Tipperary Solicitors Bar Association summer event in the Dunraven Arms Hotel in Adare  we have decided to return there this year. The night away will include 2 CPD lectures (2 CPD points per lecture). We are repeating the Costs lecture and are including a lecture on Practice Management Software in a Legal Office. You will have a certificate for 4 CPD points for the cost of dinner, B&B; an opportunity not to be missed. Partners/spouses are welcome to attend.