Orpen Franks LLP is a boutique law firm with a strong and varied client base with over 200 years’ experience in the industry. Working with a variety of clients from individuals to large corporate businesses across Ireland you can be assured that every day is unique at Orpen Franks LLP. They boast experienced, expert, flexible and manoeuvrable working practices that are well supported. The firm is part of an international network of independent law firms.
The Team
The Orpen Franks Private Client division offer clients a complete range of legal and advisory services to meet the individual requirements of clients and their families. Orpen Franks prides itself on providing a comprehensive and professional service in order to address legal issues which may arise for our clients.
Grainne Butler, Partner, heads the team. The team covers all aspects of Private Client law including Residential conveyancing, Drafting of Wills, Trusts, Lasting Powers of Attorney and dealing with Trust and Estate Administration.
The team works closely with all of the other departments to ensure the provision of seamless and results driven advice.
What you’ll do:
You will respond to clients’ requirements and deliver results, whilst maintaining and supporting the maintenance of a proper work/life balance;
You will provide accurate, prompt, realistic and relevant advice whilst managing client’s expectations;
Support and work alongside the partners and your colleagues in the team and across all departments in the firm;
Actively work to convert enquiries into new matters;
Ensure accurate file management and time recording;
Ensure deadlines and timescales are met; and
You will continue to build excellent knowledge within your area of law.
Who we are looking for?
Candidates must have 10 years’ experience in a similar role, be currently working in private practice and have confidence in:
Residential Conveyancing acting in sales and purchases
Acting in mortgaging and refinancing of client properties
Be up to dates with all provisions relating to new properties & apartment purchases
Be proficient in case management systems, MS word, outlook and online searches and registries.
The position is suitable for a qualified solicitor with 10 years post qualification experience and good academic background and training.
A proven track record in fee earning ability is a requirement for this role.
The individual will be a good communicator with excellent attention to detail.
Secretarial and typing support will be available but IT and MS Word drafting proficiency will be important.
Hours
This role is 20-30 hours per week and will can be a combination of working remotely along with office attendance. We can be flexible on the final arrangements for the right candidate.
We also welcome applications from remote workers and workers located in regional locations.
Salary
The salary will be set at a market level pro rata basis depending on experience, capacity and agreed number of hours. Regard will be had to standard fee earning multiples.
Careers with Orpen Franks LLP
Orpen Franks offers an innovative and distinct workplace in both its approach and ideologies.
Orpen Franks prides itself on its culture of cross department cooperation, open door policy and having a collegiate and collaborative approach to everything they do.
Interviews will take place in June 2021 with a view to commencing employment as soon as possible and certainly by July/August 2021. An immediate start would be a distinct advantage.
Orpen Franks are strong advocates of a successful work/life balance and proud to foster a workplace free from discrimination. They welcome applications from individuals from diverse backgrounds with the same ethos, passion and enthusiasm.
Job Type: Part time, Flexible working is possible, permanent
Litigation Solicitor 2 Years PQE – Augustus Cullen Law LLP
Augustus Cullen Law LLP are currently seeking a Litigation Solicitor with 2 years plus PQE to join their busy Litigation Department based at our Dublin office.
The ideal candidate must have strong organisational skills with attention to detail. Ability to meet deadlines and efficient communication with clients. Knowledge of Case Management systems is an advantage. Salary commensurate with experience.
The Office comprises the Office of the Ombudsman; the Standards in Public Office Commission (SIPOC); the Office of the Information Commissioner (OIC); the Office of the Commissioner for Environmental Information (OCEI); the Commission for Public Service Appointments (CPSA); and the Referendum Commission, when established. The six offices carry out separate and distinct statutory functions.
The Office of the Ombudsman examines complaints from people who feel they have been unfairly treated by certain public bodies, for example, government departments, local authorities, the HSE and publicly funded third level education bodies. It receives a large volume of complaints from individuals unhappy with the administration of healthcare in public hospitals and other public healthcare settings, as well as social work services.
The successful candidate will:
Have experience as a practicing solicitor or barrister of no less than five years or, having qualified as solicitor, experience working in a similar legal advisory role, in a comparable organisation, of no less than five years;
Hold a practicing solicitor certificate;
Or hold a practicing barrister certificate if a member of the Law Library;
Or be registered on the Roll of Practising Barristers;
Have considerable experience in the area of public and administrative law;
Have experience in litigation;
Have an ability to quickly develop competence in the diverse range of areas for which the Office has responsibility;
Have excellent oral and written communication skills.
THE CLOSING DATE FOR RECEIPT OF APPLICATION IS 3PM, THURSDAY 10th June 2021
We are committed to a policy of equal opportunity and encourage applications under all nine grounds of the Employment Equality Act.
Worthingtons Solicitors intends to appoint an Apprentice Solicitor in conjunction with the apprenticeship programme.
For the purpose of this recruitment the Apprenticeship programme shall mean the solicitor training programme run in Northern Ireland by the Institute of Professional Legal Studies at Queen’s University Belfast commencing in late 2021.
Candidates must apply by submitting a CV to be received by 12 noon on the closing date of Thursday 1 July 2021.
The Bar of Ireland's Chair’s Conference, Home and Abroad. Human Rights: Universal Rights?, taking place online from 16th - 18th June, is an opportunity for practitioners, academics, policy makers and the wider public to converge on the most defining issue impacting on legal systems and democratic institutions – the rule of law, the protection of human rights against emerging political and societal forces.
The participation of a diverse legal community is a key response to how these challenges are resolved. As such, this year's Chairs Conference will also focus on the role, participation and experiences of female lawyers and judges.
All three conference days will be hosted by Maura McNally SC, Chair of the Council of The Bar of Ireland.
Status Check: 20 Years of the Equal Status Acts FLAC Seminar Series In Association with the School of Law, Trinity College Dublin Lunchtime Webinars (1:00pm – 2:00pm) weekly throughout June Beginning Tuesday, 1st June 2021.
As the Equal Status Acts enter their third decade in effect in Ireland, FLAC is delighted to invite you to an online Seminar Series, in which academics, practitioners, policy-makers and activists will reflect on the experience, impact and limitations of this legislation to date, and explore its future role in Ireland’s equality framework.
The Equal Status Acts prohibit discrimination, harassment and victimisation in the provision of goods, services, education and accommodation. They cover the nine grounds of gender, marital status, family status, age disability, sexual orientation, race, religion, and membership of the Traveller community. The enactment of this legislation represented the fulfilment of a commitment contained in the Good Friday Agreement and placed Ireland at the forefront of Europe in terms of anti-discrimination legislation.
However, in recent years, the number of complaints made under the Equal Status Acts has begun to decline. Questions continue to be raised about the legislation’s compatibility with Ireland’s obligations under international and regional human rights instruments.
The recent commitments by Government - to examine the introduction of a “disadvantaged socio-economic status” ground and to review Ireland’s equality legislation generally - afford another opportunity for Ireland to act as European leaders in promoting equality and combatting discrimination.
The seminar series will examine these issues and seek to contribute to the debate about the future of Ireland’s equality law. Roderic O’Gorman TD, Minister for Children, Equality, Disability, Integration and Youth will deliver the series’ Closing Address on Tuesday, 22nd June 2021.
1 June 2021
Examining the Effectiveness of the Equal Status Acts Chair: David Fennelly (TCD and Law Library) Prof. Judy Walsh (UCD) Sinéad Lucey (FLAC Managing Solicitor)
8 June 2021
Socio-Economic Status and Equality Law Paul McKeon (Inner City Activist, speaking from lived experience) Tamás Kádár (Equinet) Siobhán Phelan SC (Law Library)
16 June 2021
Ireland’s Evolving Equality Architecture Sinéad Gibney (Chief Commissioner, IHREC) Niall Crowley (former CEO of the Equality Authority) Eilis Barry (FLAC Chief Executive)
22 June 2021
The Future of Equality Law Prof. Sandra Fredman (Oxford) Prof. Mark Bell (TCD)
Closing Address Roderic O’Gorman TD, Minister for Children, Equality, Disability, Integration and Youth.
On June 22nd (10am -1pm), Ireland's leading licensing law expert Constance Cassidy SC will deliver a lecture on licensing law in Ireland, covering some of the key practice issues, challenges and common pitfalls. Law Reform Commissioner Ray Byrne will provide an overview of LRC report 'Accessibility of Legislation in the Digital Age', focusing in particular on the need for legal consolidation in this area. This learning event is being offered as 3 General CPD hours for those in the legal profession. Webinar will conclude with a Q&A. All proceeds will support Alcohol Forum Ireland’s work in reducing the impact of alcohol harm on children and families in the southern border counties.
High Court: Mandatory minimum sentencing section in Misuse of Drugs Act declared to be unconstitutional
By Killian Flood BL
Killian Flood BL
The High Court has ruled that mandatory-minimum sentences for those with previous convictions for serious drug trafficking is contrary to the Constitution. Under section 27(3F) of the Misuse of Drugs Act 1977, a person had to receive at least 10 years’ imprisonment if they had previously been convicted having drugs worth more than €13,000 in their possession.
Giving judgment in the case, Mr Justice Michael Twomey held that he was bound by the previous decision in Ellis v. The Minister for Justice and Equality, Ireland and the Attorney General [2019] 3 I.R. 511, which had determined that similar provisions of the Firearms Act, 1964 (as amended) were unconstitutional. The court also rejected a submission by the State that the plaintiff was precluded from challenging the legislation due to the jus tertii principle.
Background
The plaintiff, Mr Seán McManus, had pleaded guilty in the Cork Circuit Criminal Court in April 2018 to a drug offence contrary to section 15A of the 1977 Act. He admitted to having cocaine worth more than €13,000 in his possession.
The plaintiff had a previous conviction under section 15A in 2009, where he received seven years’ imprisonment with two years suspended.
At the sentencing hearing, it was established that the plaintiff and his co-accused were running a sophisticated cocaine extraction laboratory in a rented house in Bantry, Co. Cork. They were found with cocaine totalling €51,000. The operation included importing cocaine in strips of fabric from Brazil and then extracting the cocaine using a solvent called isopropanol.
The plaintiff gave full admissions to the Gardaí regarding his involvement in the drug trafficking operation. In sentencing Mr McManus, the trial judge stated that it was a “most significant case” and that the plaintiff was involved to “an extraordinarily high degree” It was noted that the plaintiff was the principal actor in the entire operation and that it was “unusually involved and complicated.”
The court held that the mandatory minimum sentence of ten years applied to the plaintiff under section 27(3F) of the 1977 Act. However, having regard to the facts of the operation and the plaintiff’s involvement, the court said that ten years imprisonment “goes nowhere near approaching the seriousness of his involvement in this case. Accordingly, the court imposed a 15-year sentence on the plaintiff, with the final three years suspended.
The plaintiff subsequently issued plenary proceedings seeking to challenge the constitutionality of the mandatory minimum sentence imposed on him. The State’s main point of opposition was based on the principle of jus tertii (third party rights). The State claimed that the comments of the judge established that there was no causal connection between the mandatory minimum sentence and the final sentence imposed on the plaintiff.
High Court
The court began by outlining the facts of the Ellis case, which was the principal case relied on by the plaintiff. In Ellis, the Supreme Court had determined that a section under the FirearmsAct, 1964 (as amended) which imposed a mandatory minimum sentence on reoffenders was unconstitutional. The Supreme Court reasoned that the Oireachtas was entitled to legislate for sentencing which applies to all people in the State, but could not impose specified sentences on a limited class of people who shared a particular characteristic. Given that the sentencing legislation under section 27(3F) was virtually identical to the Firearms Act, the plaintiff argued that the section was unconstitutional.
The court first addressed the objection by the State that there was no causal connection between the final sentence and the mandatory minimum. The court rejected this submission, holding that the 15-year sentence imposed by the judge was the end-point rather than the starting point of sentencing. As such, the starting point was 10 years for the plaintiff rather than zero years for his co-accused. The court held that it was very difficult to see how the trial judge was not influenced by the mandatory minimum sentence in his decision.
The court accepted that it was possible that the trial judge may have handed down a 15-year sentence irrespective of the mandatory minimum requirement. However, it could not be ruled out that a lesser sentence might have been imposed if there were no mandatory minimum.
The court held that it was obliged to follow the decision in Ellis that the mandatory minimum sentence under the 1977 Act was unconstitutional. It was noted by the court that under A v. Governor of Arbour Hill Prison [2006] 4 I.R. 88, this declaration of unconstitutionality would not affect other prisoners who had failed to appeal their sentences in time or where their appeals failed to raise the issue of constitutionality. As such, the retrospective effect of the declaration would be limited.
The court also commended the parties as to the brevity of the proceedings, stating that the pragmatic approach of the State had saved half a day of costs to the taxpayer.
Conclusion
The court granted a declaration of that section 27(3F) of the Misuse of Drugs Act 1977 was repugnant to the Constitution and quashing the sentence of the plaintiff. On the basis that the plaintiff pleaded guilty to the offences, the matter would be remitted to the Circuit Criminal Court for fresh consideration. The court would liaise with counsel on the precise form of order. The court held that the plaintiff had succeeded and was therefore provisionally entitled to his costs.
Barristers call for urgent fee restoration amid concerns for future of profession
Maura McNally SC
The Bar of Ireland has called for the urgent restoration of fees paid to criminal barristers as new figures show that two-thirds abandon a career in criminal law after just six years.
Under FEMPI legislation in the aftermath of the financial crisis, professional fees paid to barristers practising criminal law on behalf of the State were cut by amounts ranging from 28.5 per cent to 69 per cent.
Although other groups of workers across the justice sector have since had cuts reversed, criminal barristers are still receiving the same pay as they were 19 years ago, despite the increasing complexity of criminal cases thanks to increasing volumes of digital evidence.
The Bar argues that the Department of Public Expenditure and Reform has "unilaterally broken" the long-standing link between barristers' fees and public sector pay agreements by, for instance, beginning a process of pay restoration for State Solicitors engaged by the Office of the Director of Public Prosecutions in 2017.
The Department has not moved to restore pay for barristers despite agreeing in 2018 that it could now "justify the reversing of cuts imposed [on barristers] during the financial emergency".
New figures published by the Bar suggest that a career in criminal law for recently qualified junior barristers has become unattractive and unrealistic in comparison to other areas of the law.
Two-thirds of barristers who commence a career in criminal law leave after only six years in practice, which barristers warn could lead to significant problems in just five or ten years' time.
Maura McNally SC, chair of the Council of The Bar of Ireland, said: "A skilled and experienced criminal prosecution bar can only emerge after many years of practice in the junior ranks of criminal defence law.
"It takes many years of practice at the Bar to acquire the necessary experience to effectively and skilfully prosecute serious cases on behalf of the State and it is imperative that newly qualified talented barristers are encouraged to practice in the area of criminal law.
"While there is a perception that the barristers’ profession is one that is highly remunerated, the fact is that junior barristers appearing in the District Court in criminal matters are paid €25 for an appearance and this is often their only fee earned in a day.
"A large proportion of our junior members are leaving criminal law after only six years. It can take up to 10 years of practice to earn a living as a barrister which is a further impediment, in particular for those from disadvantaged socio-economic backgrounds who do not have access to financial supports to sustain a career at the Bar for such an extended period without reaching adequate remuneration."
Ms McNally called on the Department of Public Expenditure and Reform to "urgently engage in dialogue with us and our members".
NI: Worthingtons Solicitors promotes three partners and one associate partner
Pictured: Toni Fitzgerald Gunn, Jonathan Duncan, Naomi Devlin and Katie Buchanan
Belfast and Newtownards firm Worthingtons Solicitors has announced the promotion of three new partners and one new associate partner.
Toni Fitzgerald Gunn, Jonathan Duncan and Naomi Devlin have been promoted to partner while Katie Buchanan has been promoted to associate partner, effective from 1 June 2021.
Ms Gunn has over 10 years’ experience in successfully representing employees and employers at the Industrial Tribunal and Fair Employment Tribunal, and regularly advises clients in the public, private, and third sectors on both contentious and non-contentious issues.
She has a keen interest in equal pay, public interest disclosure, TUPE, and holiday pay claims in particular.
Mr Duncan specialises in litigation and has over 15 years of experience in dealing with complex asbestos-related disease claims throughout Northern Ireland. He has secured substantial settlements on behalf of victims and their families involving fatal (mesothelioma) and non-fatal disease claims, both in Northern Ireland and other jurisdictions.
His current caseload also encompasses complex road traffic accident claims, and other Industrial disease claims including hearing loss and vibration white finger claims.
Ms Devlin specialises exclusively in the practice of family law, representing clients throughout Northern Ireland and internationally to include clients based in Canada, United States, Europe, China and Australia.
She has particular expertise in wardship proceedings, child abduction and Hague Convention proceedings, custody/residence and surrogacy. She also advises clients in all aspects of divorce and ancillary relief proceedings.
She is a member of the Children Order Panel and an approved solicitor on the International Children Law Panel as well as an accredited solicitor advocate.
Ms Buchanan is an employment law expert represents both employees and employers, including many private sector businesses, local government and charities, in a range of employment law disputes.
These include unfair dismissal, redundancy and all categories of discrimination complaints as well as providing ongoing advice and support to many employers on the application of internal policies and procedures.
Both Ms Gunn and Ms Buchanan are members of the Employment Lawyers Group.
A spokesperson for Worthingtons said: "These promotions signal the firm’s appreciation of their commitment and loyalty to the firm over the last number of years.
"It is particularly impressive to see the progression of home grown talent; each one having started their legal careers with Worthingtons as legal executives."
A statutory sick pay scheme is set to be phased in over a four-year period beginning in 2022.
Ministers yesterday approved the drafting of the general scheme of the Sick Leave Bill 2021, which will initially provide for three days of paid sick leave per year in 2022, rising to five days in 2023 and seven days in 2024. Employers will eventually cover the cost of 10 sick days per year in 2025.
Sick pay will be paid by employers at a rate of 70 per cent of an employee’s wage, subject to a daily threshold of €110.
The daily earnings threshold of €110 is based on 2019 mean weekly earnings of €786.33 and equates to an annual salary of €40,889.16. It can be revised over time by ministerial order in line with inflation and changing incomes.
An employee will have to obtain a medical certificate to avail of statutory sick pay, and the entitlement is subject to the employee having worked for their employer for a minimum of six months.
The government says the bill is primarily intended to provide a minimum level of protection to low-paid employees, who may have no entitlement to company sick pay schemes. The legislation will expressly state that this does not prevent employers offering better terms or unions negotiating for more through a collective agreement.
Tánaiste and Employment Minister Leo Varadkar said: "Ireland is one of the few advanced countries in Europe not to have a mandatory sick pay scheme and although about half employers do provide sick pay, we need to make sure that every worker, especially lower paid workers in the private sector, have the security and peace of mind of knowing that if they fall ill and miss work, they won’t lose out on a full day’s pay.
"I believe this scheme can be one of the positive legacies of the pandemic as it will apply to illness of all forms and not just those related to Covid-19."
He added: "I believe this reform is part of the pandemic dividend, the more inclusive economy and fairer society we are going to build once the pandemic is over. It’s not right that people feel forced to go to work when they are sick and it’s not good for public health. I know how difficult the past year and a half has been for workers and employers alike."
Mr Justice Michael White to take over Waterford child sexual abuse inquiry
Mr Justice Michael White has been appointed to take over the commission of investigation into the handling of child sexual abuse allegations in Waterford in the 1980s.
He will replace Mr Justice Barry Hickson, who was appointed as the sole member of the commission in 2018, who is stepping down at the end of the month.
The commission is investigating the extent to which organisations, including State bodies, and individuals were aware of child sexual abuse committed by Waterford paedophile Bill Kenneally during the 1980s.
Hildegarde Naughton, minister of state with special responsibility for civil and criminal justice, said: "Minister Humphreys today informed cabinet of her decision to appoint Mr Justice Michael White as the member of the Commission of Investigation.
"I would like to thank Judge White for agreeing to take on this vital work with the Commission. I would also like to thank Mr Justice Barry Hickson for the important work he has undertaken since being appointed to the Commission in June 2018, and I would like to offer him and his family my best wishes for the future."
NI: JMK Solicitors backs island-wide campaign for four-day week
Personal injury and road traffic accident specialist firm JMK Solicitors has backed a campaign for the introduction of a four-day week across the island of Ireland.
The Belfast and Newry firm introduced a four-day week with no loss in pay last year following a two-year research project aimed at improving efficiency across its operations.
The firm has now given its backing to a new campaign group launched by Irish trade union Fórsa, which is calling for a four-day week to be piloted across the island of Ireland.
Joe O'Connor, chairperson of Four Day Week Ireland, said: "The four-day week may have seemed like a radical notion for many not too long ago. But more and more workers and businesses are now seeing that it is not only achievable, but is a reasonable, rational response to the challenges our society faces today.
"It’s time to work smarter, not longer. Numerous academic studies, including from John Pencavel of Stanford University in 2014, have shown that there is no correlation between working long hours and greater productivity."
JMK director Maurece Hutchinson said: "Making people our priority is one of our core values that we strongly believe in, we have fantastic staff, but we never want to be complacent.
"We felt that with increased pressures on people in all areas of their life reduced hours should be considered by more employers. And we wanted to take a leading role.
"The gift of time is the greatest gift we and any employer can give to their team. We are happy to share our experiences with others and are delighted to offer our assistance and insights to our learnings to the four-day week campaign."
Michelle Murphy, head of operations and HR, added: "The reduced working hours have improved work life balance for all the team, it was brilliant to have had this in place when the pandemic hit as it really gave our team the time they needed to take care of their health and wellbeing and to be there to support their loved ones.
"We have at the very least been able to maintain the same level of productivity we saw in 2019 before the reduction in working hours. We must acknowledge that the work place and work patterns have also been greatly impacted by Covid-19 and we will continue to measure productivity in light of this also in the months and years ahead."
NI: Bar of Northern Ireland launches e-bundles service for solicitors
Bernard Brady QC
The Bar of Northern Ireland has launched a new service which provides e-bundles for court and is accessible to solicitors when instructing members of the Bar Library.
Solicitors can now get easy and portable access to the new e-bundle service which is available across both desktop browsers and mobile devices.
Bar chairperson Bernard Brady QC said: "Technology is a vital enabler within the legal profession and innovative services like this have the potential to really assist solicitors, barristers and the court in an increasingly digital world.
"It will give solicitors easy access to our one stop shop for e-bundles for court that are Practice Direction compliant. The service will also assist solicitors in engaging with the digitised courtroom experience; the e-bundles we provide are secure, fully indexed, searchable and easy to navigate for all parties."
Student renters bill to limit upfront payments to two months' rent
Darragh O'Brien
Students will not have to pay more than two months' rent upfront to commence a tenancy under new legislation announced yesterday.
The Residential Tenancies (No. 2) Bill 2021 will introduce the restriction for all tenancies, including for students residing in student-specific accommodation, though students will be able to opt-out and make a larger upfront payment if they so wish.
The bill also provides that the notice period to be given by students in respect of student specific accommodation will be limited to a maximum 28 days’ notice.
Housing Minister Darragh O'Brien said: "Cabinet have approved the introduction of a number of rental protections which will benefit students. These measures are just the beginning of a suite of rental protections which I hope to bring forward in the autumn to protect all tenants.
"Having met previously with members of the USI, I know they were particularly concerned about students being asked to pay up to a year’s rent in advance and having to provide lengthy termination notices. The measures Cabinet have approved today will go some way towards alleviating the concerns raised.
"We do need to increase the availability of accommodation for students – this is the most effective way to provide real choice and options. I will continue to liaise with Minister Harris and the USI on this matter."
The rental measures approved by Cabinet yesterday also included the extension of the targeted protections which are in place for those negatively impacted by Covid-19, in arrears and at risk of homelessness. Subject to the eligible tenant making the necessary declaration they will be protected by rent increases and evictions until 12 January 2022.
UK: Use of emergency powers during pandemic has significantly impacted legislative scrutiny
The range of new laws introduced in the UK to tackle the Covid-19 pandemic have not been subject to adequate parliamentary scrutiny, with government guidance and ministerial statements often failing to set out the law clearly, misstating the law or laying claim to legal requirements that did not exist, according to the House of Lords Constitution Committee.
In the third and final report of its inquiry into the constitutional implications of coronavirus, Covid-19 and the use and scrutiny of emergency powers, published today, the committee highlights several areas of concern, including the extensive use of secondary legislation, strained relations between the UK government and the devolved administrations, and confusion about the legal status of some new restrictions.
The report examines the passage of the Coronavirus Act 2020 and the regulations introduced in response to the pandemic, including those made under the Public Health (Control of Disease) Act 1984.
The vast majority of new laws have come into effect as secondary legislation and have been subject to very limited parliamentary scrutiny. The committee considers the alternative legislative options that were available to the government which could have improved scrutiny.
Legal changes introduced in response to the pandemic were often set out in guidance, or announced in media conferences, before Parliament had an opportunity to scrutinise them. On a number of occasions, the law was misrepresented in these public-facing forums. This created a lack of clarity around which rules were legally enforceable, posing challenges for the police and local government, leading to wrongful criminal charges, and potentially undermining public compliance.
The report makes a number of recommendations, including:
There should be a presumption in favour of using sunset provisions in all regulations introduced during a national emergency.
The government should seek Parliament’s approval of all affirmative instruments before they enter into force wherever possible.
All future ministerial statements and government guidance on changes to Covid-19 restrictions should clearly distinguish information about the law from public health advice.
A review of the use of emergency powers by the government, and the scrutiny of those powers by Parliament, should be completed in time to inform the forthcoming public inquiry and planning for any future emergencies.
The approach adopted in response to the pandemic must not be used to justify weakened parliamentary scrutiny of government action in response to future emergencies.
Baroness Taylor, chair of the Constitution Committee, said: "Since March 2020 the government has introduced a large volume of new legislation, much of it transforming everyday life and introducing unprecedented restrictions on ordinary activities. Yet parliamentary oversight of these significant policy decisions has been extremely limited.
“The vast majority of new laws, including the most significant and wide-reaching, have come into effect as secondary legislation and without prior approval from Parliament. When scrutiny is limited through the fast-tracking of legislation, or the extensive use of secondary legislation, essential checks on executive power are lost, and the quality of the law suffers.
“We acknowledge that there have been a number of occasions throughout the Covid-19 pandemic where legislative measures have been urgently required to limit the spread of infection. That does not, however, justify the publication of significant measures hours – and in some case minutes – before taking effect. Emergency legislation is never an acceptable alternative to effective government planning for periods of crisis."
She added: “Government guidance and public statements have – on multiple occasions – undermined legal certainty by laying claim to legal requirements that do not exist. The government does not have, and must not assume, authority to mandate public behaviour other than as required by law.”
UK government broke law by awarding contract to firm with Cummings link
Michael Gove broke the law by giving a contract to a communications agency run by long time associates of his and Dominic Cummings, the High Court in London has ruled.
Lawyers for the Good Law Project accused Mr Cummings of wanting work to be given to a company run by his friends.
The court found that the decision to award the £560,000 contract to Public First was tainted by “apparent bias” and was unlawful. The court stated: “Failure to consider any other research agency… would lead a fair minded and informed observer to conclude that there was a real possibility, or a real danger, that the decision maker was biased."
Mr Gove had claimed that the work was such that only Public First could carry it out. However, the High Court rejected that version of events. It held that the Cabinet Office failed to consider whether anyone else should have the contract.
Delivering her judgment, Mrs Justice O’Farrell said: “The fair-minded and informed observer would have appreciated that it was vital that the results and conclusions from the research were reliable and that Mr Cummings was uniquely placed, given his experience and expertise, to form a rapid view on which organisation might best be able to deliver those urgent requirements.
“However, the defendant’s failure to consider any other research agency, by reference to experience, expertise, availability or capacity, would lead a fair-minded and informed observer to conclude that there was a real possibility, or a real danger, that the decision-maker was biased.
“The claimant is entitled to a declaration that the decision of 5 June 2020 to award the contract to Public First gave rise to apparent bias and was unlawful.”
Jo Maugham, director of Good Law Project, said the decision vindicated the group's "long-running characterisation of pandemic procurement as 'institutionalised cronyism'".
Jason Coppel QC and Patrick Halliday of 11KBW Chambers – instructed by Rook Irwin Sweeney – appeared for Good Law Project.
LEAP software keeps law firms working remotely Sponsored post
Ben Aslet, LEAP UK Marketing Manager, explains how law firms using LEAP’s cloud-based practice management solution are successfully adapting to remote working and how it’s as near as can be business as normal for law firms using LEAP. He said LEAP have talked to several law firms using the software to find out how they are managing with life away from the office.
The current health crisis means that more and more legal professionals are working from home. Many are showing resilience and agility in the face of the lockdown and those firms that are equipped and have remote-friendly software are faring much better than those have not.
Mike Leeman, BLJ Solicitors comments “We now have 50 members of staff working seamlessly from home, thanks to LEAP Legal Software UK.”
We have been working hard to support our clients to acclimatise during lockdown and the feedback that we have received has been incredibly encouraging with many very grateful that they made the transition to cloud software when they did so that their business can continue functioning remotely. Eliot Hibbert of Nexa Law adds: “LEAP is helping our lawyers continue to offer a seamless service in what is a challenging and unprecedented environment.”
Our Helpdesk and Client success teams have been touching base with our clients to ensure that they can continue to remain productive during the crisis and in many cases our clients are now beginning to understand the true value of LEAP. Paula Langley, Practice Manager, Bookers & Bolton says:“We love it! We are all happily working from home immediately and by taking our work machines home we have fully functioning desktops immediately.
We are finding that firms are benefitting from LEAP’s existing integrations with leading software providers such as LawConnect, for secure document sharing and collaboration with their client. As Stephanie Richardson, Office Manager, Evolve Family Law Ltd puts it: “We are able to create correspondence with all the enclosures without printing a single piece of paper, building bundles and briefs virtually with a click of a button and sharing securely via LawConnect.”
Many LEAP firms are using RapidPay which lets your clients pay you quickly and conveniently online. Ms. Bushra Ali, Director and Head of Practice of Bushra Ali Solicitors and Immediate Past President of the Leicestershire Law Society says: “We can claim fees from clients much quicker and more efficiently. LEAP made it possible for us to shift all our staff to work from home and to be able to operate the entire firm remotely.”
We also hope that our clients will appreciate our continued development of the software to help law firms to work from home during this difficult time. Since the beginning of lockdown LEAP have launched some additional exciting new features that will benefit law firms when working from home. Via the LEAP Mobile App, iPhone and iPad users can now make FaceTime video and audio calls to clients and other parties, time record these calls and can invite clients to prearranged FaceTime meetings.
LEAP now integrates with Microsoft Teams, meaning law firms can work across multiple locations and staff can share and collaborate on documents and matters, conduct audio or video calls across the team and schedule client call backs directly from LEAP using Microsoft Teams' instant messaging service.
At LEAP we are committed to making our software ever easier to use and more versatile so that our law firms can get on with doing what they do best – practising law. We were one of the first legal software vendors to utilise cloud technology and the fact that our clients are able to function remotely so well is a validation of the work our research and development teams have been undertaking for many years. Stay safe everybody, and keep your clients happy!
Stewart Title Business Continuity Programme Sponsored post
As concern regarding COVID-19 (coronavirus) continues to evolve, Stewart Title is closely monitoring developments including the recommendations made by healthcare authorities and the UK government, in order to safeguard the health and well-being of our employees while ensuring our continued ability to serve our clients.
We also wanted to assure you that Stewart Title’s Business Continuity Programme was designed to address these types of events and ensure our organisation is prepared to maintain the delivery of products and services with minimal disruption on service levels.
Accordingly, we wanted to inform you that the regular means of accessing our services remain unchanged and that there are tools and policies available that may be of assistance:
Online ordering via Stewart Solution from where you can continue to order cover for over 150 title indemnity risks. Our online ordering site is available at anytime and can be accessed on your tablet or mobile. If you’re currently not a user, but wish to sign up, you can register on the site at stewartsolution.com.
Our Underwriting Team is available for more complex matters or where you need to discuss your transaction. Enquiries can be sent by email to quotes@stewart.com or by phone on 02070107820 or 02070107821. Should you choose to contact us by email, please include your name, contact information, Stewart file number (ST/**********) and a brief description of your enquiry. One of our team members will get back to you in a timely manner.
No Search and Search Validation Policies are available to help your client’s transaction to proceed if you are unable to obtain the results of the normal pre-contract searches from public bodies, as a result of changes to working hours or closures due to COVID-19.
We hope that by providing you with the above information, we have been able to alleviate some of your concerns during this challenging time.
We wish you, your family and your associates continued health and resilience. We will continue to be in touch as the situation develops.
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An elderly nun faces up to 40 years in prison after embezzling hundreds of thousands of dollars from a Catholic school to fuel her gambling habit.
Sister Mary Margaret Kreuper, 79, has pleaded guilty to embezzling over $835,000 from St James Catholic School in Torrance, California, over the course of a decade.
She served as headmistress of the school for nearly three decades and the embezzlement was not discovered until after her retirement, The Times reports.
Her lawyers said she was "very remorseful" and had "accepted full responsibility for what she had done".
Residential Conveyancing Solicitor
Augustus Cullen Law LLP are currently seeking a Litigation Solicitor with 2 years plus PQE to join their busy Litigation Department based at our Dublin office.
The Office comprises the Office of the Ombudsman; the Standards in Public Office Commission (SIPOC); the Office of the Information Commissioner (OIC); the Office of the Commissioner for Environmental Information (OCEI); the Commission for Public Service Appointments (CPSA); and the Referendum Commission, when established. The six offices carry out separate and distinct statutory functions.
Worthingtons Solicitors intends to appoint an Apprentice Solicitor in conjunction with the apprenticeship programme.
Get your legal job vacancies listed on Irish Legal News by contacting our advertising manager, Jeff Anderson, on 
Mr Justice Michael White has been appointed to take over the commission of investigation into the handling of child sexual abuse allegations in Waterford in the 1980s.
The range of new laws introduced in the UK to tackle the Covid-19 pandemic have not been subject to adequate parliamentary scrutiny, with government guidance and ministerial statements often failing to set out the law clearly, misstating the law or laying claim to legal requirements that did not exist, according to the House of Lords Constitution Committee.
Michael Gove broke the law by giving a contract to a communications agency run by long time associates of his and Dominic Cummings, the High Court in London has ruled.
Ben Aslet, 
As concern regarding COVID-19 (coronavirus) continues to evolve, Stewart Title is closely monitoring developments including the recommendations made by healthcare authorities and the UK government, in order to safeguard the health and well-being of our employees while ensuring our continued ability to serve our clients.
Technology in the 21st Century is providing us with the means to communicate our thoughts and ideas across the planet in a way that would have been unthinkable, even 10 years ago.
