Ireland: Companies new duties under the Criminal Justice (Corruption Offences) Act 2018

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ECJ clarifies ambiguity around EU Design Protection Exemption

By David Cullen The European Court of Justice (ECJ) has clarified the ambiguity which has surrounded the interpretation of Article 8 of the Community Design Regulation (EC) no 6/2002 (CDR); the provision which excludes from design protection those design features which are dictated solely by technical function. The ECJ’s decision in Doceram v CeramTec (C-395/16), a […]

GDPR- A door to privacy class actions suits in Ireland

By Kellie O’Flynn With the EU General Data Protection Regulation (GDPR) now in effect, one of the emerging considerations is whether its provisions – specifically Article 80 – open the door to ‘class action’ style privacy cases. Several European countries have already legislated for varying degrees of collective actions, particularly in the area of consumer protection, […]

New Data Protection Act 2018 allows access to court records to media

By Owen O’Sullivan, Richard Breen, Lisa Carty One of the many implications of the new Data Protection Act 2018 is that pursuant to section 159 of the Act the rules of the courts (at all levels) have been changed to allow access to court records for bona fide members of the press or broadcast media. Although the media […]

Ireland: new Coroners Bill aims to modernise the law and address maternal deaths

The Minister for Justice and Equality, Charlie Flanagan, published the Coroners (Amendment) Bill 2018 on 2 August 2018 with the aim of significantly clarifying, strengthening and modernising the law relating to the reporting of deaths to coroners. The Bill, once enacted, will amend the Coroners Act 1962. The Bill allows for a wider scope of […]

Use of behavioural biometrics brings privacy issues under GDPR

By Alex Towers With cybertheft and data breaches becoming an increasingly common occurrence, the need to rapidly and accurately identify fraud has driven the development of behavioural biometrics as a means to target automated attacks and suspicious transactions. However, for the technology to function, companies must amass libraries of biometric personal data to construct profiles…

Latest Briefings

One rating assessment to be applied to neighbouring floors occupied by same business

By Matthew Forrest Businesses operating across different floors of a building, or other separate but neighbouring units, are now more likely to have their premises assessed together for business rates. The Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018 came into force on 1 November 2018.  The Act delivers on the […]

Parliament in Austria adopts new environmental package

By Sandra Kasper, Philipp Strondl  On 25 October 2018 Parliament adopted a new comprehensive environmental package comprising: the Aarhus Participation Act; an amendment to the Environmental Impact Assessment Act; and an amendment to the Federal Environmental Liability Act.

Blog – Childbirth and primary victim claims for mothers

By John de Bono This is the clear takeaway from Whipple J’s powerfully reasoned judgment in YAH v. Medway Foundation Trust, judgment 5th November 2018. The facts are typical of many cerebral palsy cases. The Claimant’s daughter was born after a negligent delay in intervention in the face of signs of fetal distress. The Claimant […]

Criticism of the Government’s decision to introduce an extra death tax

By Nicola Preston A Birmingham barrister has raised concerns over the Government’s move to increase probate fees claiming it is an additional ‘death tax’. Under the new rules, estates worth £2m or more will pay £6,000 in probate fees, which is a 3,770 per cent increase on the current £155 fee. This is a reduction on […]

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BVI litigator Grant Carroll joins Ogier’s Dispute Resolution team

Grant – who specialises in shareholder disputes, contentious insolvency matters and commercial litigation – joins the team led by partner Brian Lacy. He previously worked in the jurisdiction for another offshore law firm, having practised as a commercial barrister in England for six years. Grant is recommended in leading directories for BVI litigation and Chambers […]

Mark Heywood QC acts for defendant in drug-related murder trial

Mark Heywood QC of No5 Barristers’ Chambers defended a drug runner in the murder case of amputee Mark Swinhoe, who was beaten with his own prosthetic leg and stabbed in a drug deal that went wrong. Mr Swinhoe, 38, from Long Eaton, Derbyshire, who was described as a ‘loving and caring man’, had gone with a […]

Ogier advises OMERS on US$1.1bn acquisition of Alexander Mann Solutions

Ogier has advised on the £820m (US$1.1bn) acquisition of Alexander Mann Solutions, one of the world’s leading providers of talent acquisition and management services. A Jersey team led by partner Richard Daggett advised OMERS Private Equity, the private equity arm of OMERS, the defined benefit pension plan for municipal employees in the Province of Ontario, […]

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