Supreme Court rules a ‘right to litigate’ cannot be assigned to a third party

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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

Tools and solutions for increasing access to international arbitration – An overview

By Malcolm Simpson, Gwendoline Davies, Nick Lees Parties have been concerned for some time about the length and cost of arbitration, and how these issues can be effectively controlled. This article considers the factors affecting accessibility, how arbitral institutions can help, and how the parties can help themselves; different available tools and innovative solutions that can be deployed […]

Guide for facing review fraud in online retail

By Gwendoline Davies Fake reviews have featured in the press a lot recently, but they are certainly not a new phenomenon and such practices have no doubt existed for as long as people have been reviewing products and services. However, the explosion of the online retail marketplace has made fake reviews a very lucrative business. At […]

Supreme Court – Sporting rights over land are capable of being easements

By Maria Connolly Purely sporting or recreational rights over land are capable of being easements, the Supreme Court has confirmed. In a judgment handed down today the Court held that, so long as such rights satisfy the four well-established characteristics of easements, there is no reason why they should not be easements (Regency Villas Title […]

Employment: Quarterly case law updates

By Beth Jenkins and Paula Rome In this article, we take a look back through some key cases from the last three months and the lessons which we can learn from them. Discrimination In Ms A Gray V Mulberry Company (Design) Ltd the EAT held that an employer will not be discriminating on grounds of […]

Austria – Teleradiology and other healthcare advancements

By Florian Kusznier Technology and innovation are key drivers of advancement in a variety of industries, and certainly in healthcare. The level of patient care can be improved considerably with the right mix of traditional and innovative treatments and solutions. Nevertheless, there are regulatory challenges to overcome. Teleradiology is one area where technological advancements allow […]

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Loyens & Loeff advises Development Partners on acquisition of stake in MNT Investments

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