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Irish Legal News


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Irish Legal News: 4th June 2021

Legal Jobs
Events, CPD & Courses
Latest News

Latest Jobs

Residential Conveyancing Solicitor – Orpen Franks LLP

Residential Conveyancing Solicitor

Sales / Purchases / Re-mortgaging

10 Years’ Experience

(Part Time & Flexible)

The Firm

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.

To apply for this position please send a covering letter and CV to mary.mccarthy@orpenfranks.ie

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

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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.

Please apply in strictest confidence with CV and cover letter by email only to maura.barry@aclsolicitors.ie

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Head of Legal – Office of the Ombudsman

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;
  • Hold a practicing barrister certificate;
  • 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.

For more information and how to apply, visit: http://bit.ly/IrishLN_NL_HdLegal

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Corporate Solicitor – Carson McDowell

The corporate team at Carson McDowell is one of the leading practices in Northern Ireland. Top ranked in both Chambers Guide and Legal 500, we advise leading local businesses and international companies doing business in Northern Ireland, across a broad range of sectors. We provide specialist legal advice on a full range of corporate, M&A and corporate finance corporate transactions.

For decades, our lawyers have advised on the most significant M&A and corporate transactions in Northern Ireland. Our experience and reputation speaks volumes, which is why we are widely recognised as one of the leading corporate and M&A legal practices in the country.

If you would like to join this dynamic team and can meet the criteria listed below we want to hear from you. We are ideally looking for a 3+ years PQE corporate specialist with the following experience and capability:

  • Mergers and acquisitions;
  • Private equity and venture capital;
  • Reorganisations and restructuring;
  • Shareholder agreements, joint ventures and partnerships;
  • Advice on corporate governance and company law issues such as director duties, payment of dividends and returns of capital;
  • The ability and willingness to work as part of a team;
  • Strong interpersonal skills;
  • Excellent technical and written skills.

At Carson McDowell in return for your hard work and dedication we will provide every opportunity to develop your skills and experience and further your career.

Applicants should apply by emailing a covering letter and CV to: Marie McKeown, Human Resources Manager, marie.mckeown@carson-mcdowell.com

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FLAC/PILA Pro Bono Development Officer – FLAC

FLAC/PILA Pro Bono Development Officer

Reports to FLAC Chief Executive / Fulltime

About FLAC

FLAC is a human rights organisation which exists to promote equal access to justice. FLAC’s vision is of a society where everyone can access fair and accountable mechanisms to vindicate their rights.

FLAC Services to the Public

FLAC provides a range of services to the public including a Telephone Information and Referral Line where callers are provided with basic legal information and FLAC Clinics in Citizens Information Centres throughout the country where volunteer lawyers provide basic legal advice. In 2019 FLAC assisted 26,995 individuals though its Information Line and Clinics.

In 2009, FLAC established the Public Interest Law Alliance (PILA) as a public interest law network that seeks to engage the legal community and civil society in using the law to advance social change. PILA is a project of FLAC.

PILA:

  • operates a Pro Bono Referral Scheme which matches expertise in the legal profession with specific legal needs in social justice NGOs, community groups and law centres;
  • increases the capacity of organisations to use law in the public interest through legal education, law reform and litigation;
  • promotes a culture of structured pro bono legal work which provides lawyers with opportunities to use their legal skills in the public interest;
  • raises awareness about the barriers to public interest litigation and works to remove them;
  • reaches out to law schools and law students to ensure that public interest law and clinical legal education become central components of the curriculum; and uses its website, fortnightly PILA bulletin and events to raise awareness about public interest law in Ireland and internationally;
  • manages, facilitates and promotes the pro bono pledge

Overall responsibilities of the role

FLAC is seeking a dynamic individual to lead the development of FLAC’s pro bono work including the fostering of a culture of pro bono among the legal professions in Ireland, to build and maintain stakeholder relationships to ensure the sustainability and development of the PILA Alliance and the pro bono referral scheme, to facilitate manage and develop the pro bono pledge and to identify and advocate in relation to barriers to public interest law work in Ireland.

Specific Duties:

  1. Identifying and securing funding to secure the work of FLAC’s Public Interest Law work including the Pro-bono Referral Scheme into the future;
  2. Addressing the sustainability of the Alliance through working closely with the professional bodies, law firms, lawyers, clearing houses and other stakeholders;
  3. Building and developing a strong Alliance committed to using and further developing public interest law in Ireland;
  4. Explore and develop mechanisms to develop a referral scheme for individuals;
  5. Managing and developing the pro bono pledge;
  6. Identify strategic litigation for FLAC;
  7. Implementing the relevant objectives in FLAC’s strategic plans;
  8. Development of communications including PILA Bulletin and work with the FLAC communications team to promote FLAC’s pro bono work;
  9. Complying with FLAC’s Health and Safety Policies and Procedures;
  10. Any other duties as may be required from time to time in connection with this position.

Person Specification

The successful candidate will have:

  • A degree in law or a related field.
  • Experience as a solicitor or barrister is desirable.
  • Minimum 3 years relevant work experience, preferably in a legal or NGO environment.
  • A self-starter with a strong work ethic and a passion for social justice.
  • Experience and knowledge of pro bono work/clearing house models.
  • Proven ability to form and maintain diverse strategic relationships.
  • Excellent people skills, including organising and networking.
  • Excellent communication and interpersonal skills, including research and writing.
  • Strong knowledge of access to justice issues, public interest law and human rights.

Salary is commensurate with experience.

Closing dates for receipt of applications is 4th June 2021. A CV and covering letter should be sent to recruitment@flac.ie. FLAC is an equal opportunities employer.

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Events, CPD & Courses

Status Check: 20 Years of the Equal Status Acts

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.

Register on Eventbrite

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Alcohol Licensing Law in Ireland

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.

https://www.eventbrite.ie/e/licensing-law-in-ireland-tickets-156020043149

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Dispute Resolution (Mediation): Apply now for UCD Diploma starting June

UCD Sutherland School of Law is currently enrolling for the online

Professional Diploma in Dispute Resolution (Mediation) 

which commences in June 2021. This is a fully online programme for those seeking to work in the area of dispute resolution. UCD has partnered with online education start-up Mediator Academy to deliver this programme which is the first of its kind in Ireland.

Start Date: June 2021

Information: See video of content and contributors here.

Apply Now: Professional Diploma in Dispute Resolution (Mediation)

Email: lawdiplomas@ucd.ie

This unique Diploma has been developed to address the changing ways in which disputes are now being resolved. Businesses and individuals are no longer willing to bear the expense and time of going to court and are turning to alternative ways of resolving conflict. This change means organisations need people skilled in preventing and managing disputes and guiding them through more efficient and successful processes like mediation.

This Diploma is designed to equip participants with the knowledge and skills to prevent, manage and resolve disputes in a wide variety of settings and contexts. The programme takes a practical approach and features a global faculty of expert practitioners working at the cutting edge of dispute resolution. Apply Now at this link.

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Send your webinars/events to Irish Legal News

Get your online events listed on Irish Legal News by contacting our advertising manager, Jeff Anderson, on jeff@irishlegal.com.

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Latest News

High Court: Child returned to parents in England after aunt and uncle decided to keep him in Ireland

By Killian Flood BL
Killian Flood BL
Killian Flood BL

A young child has been returned to his parents in England despite the objections of his aunt and uncle. The child had previously been transferred to their care in Ireland for a temporary period to allow his mother to overcome alcohol addiction. However, the aunt and uncle decided that it was in the child’s best interests to remain with them in Ireland.

Last month, the High Court acceded to an application by the father under the Hague Convention and determined that the child should be returned to his parents. In particular, the court held that the child’s habitual residence was England, that the father was lawfully exercising his rights of custody and that the child was wrongfully removed from England.

Background

The mother and father of the child were previously in a relationship. The child was born in 2019 and the couple ended their relationship at that time. However, the father lived with the mother a few days per week.

The mother had alcohol dependency issues and was unable to care for the child. Although the father initially accepted to care for the child, he quickly left the child with the boy’s grandparents. The grandparents were unable to care for the child, and so an arrangement was made for the child’s uncle (the mother’s brother) to care for the child in Ireland for a temporary six-month period.

The child was brought back to England at Christmas 2019 and spent some time overnight with the father and the mother. However, the mother fell into addiction again in January 2020 and the child was brought back to Ireland. Although the father did not know the child had been returned to Ireland, he took no steps at that time to bring him back.

Ultimately, the father sought the return of the child in June 2020 and took legal advice when the aunt and uncle refused the request. The mother also sought the return of the child from July 2020 and no longer accepted his continued stay in Ireland.

The aunt and uncle also made a guardianship application in August 2020 to the District Court. The application form stated that the father’s whereabouts were unknown, although no attempts had been made by the aunt and uncle to contact the father.

The aunt and uncle decided that the best interests of the child did not lie with returning him to England with the parents. They outlined numerous concerns about the child’s welfare with the parents, relating to proper care, the mother’s addiction issues and the father’s previous poor care of the child.

Finally, the father brought an application in the High Court seeking the return of the child to England under the Hague Convention. The aunt and uncle, as respondents, opposed the proceedings, claiming that it was appropriate for the child to remain in Ireland.

High Court

The court began by outlining the detailed factual matrix in the case and then turned to the general principles arising from Hague Convention applications. Considering the case law, the court clarified that the Hague Convention was designed to ensure the speedy return of children to their habitual residence and that an assessment of “grave risk” to a child must include detailed reasoning (see CT v PS [2021] IECA 132; Neulinger and Shuruk v Switzerland [2011] 1 FLR 122).

The court first considered whether the child was habitually resident in Ireland or England. Having regard to the fact that all the parties believed (and expressly agreed) that the transfer to Ireland would be temporary, the court said that the child was properly resident in England (K v. J [2012] IEHC 234; G v G [2015] IESC 12 applied).

The court then considered whether the father was exercising his custody rights by making the application. The court noted that the father had overnight access to the child at Christmas 2019 and that there was an agreed custody plan signed by him and the mother in August 2019. The court accepted that there was evidence that the father had interactions with the child and had taken at least a minimal part in his life.

Further, the court held that respondent’s allegations about the lack of effort by the father to access the child in Ireland was undermined by the fact that the arrangement was supposed to be temporary. As such, despite the low level of contact between father and child, the intention to have a relationship with the child was established, the court said.

The court also held that the child was retained without the consent or acquiescence of the parents from June 2020, when the respondents refused to return the child (Re H (Abduction: Acquiescence) [1998] AC 72).

The respondents had alleged that the father posed a grave risk to the child, claiming that the child was underdeveloped when he came to them and that there was a risk of neglect. The court stated that there was no expert evidence as to the nature of the child’s condition on his arrival in the state. Further, there was simply no clear evidence that the alleged deficiencies were caused by his care with his parents.

There was also no supporting evidence to allegations of violence by the father towards the mother and the father’s previous criminal convictions did not disentitle him to the orders sought, the court said. There was therefore insufficient evidence to say that the father posed a grave risk to his child.

The court rejected the respondent’s submission that the child was well-settled in Ireland, noting that concealment or subterfuge could not provide a basis for this proposition Z.D. v K.D. [2008] IEHC 176. In this regard, the court was disapproving of the District Court application in which the respondents misled the court to believe that the father was uncontactable.

Finally, considering the views of the mother, the court said it was clear that she was supportive of the father’s application and wanted her child returned to England.

Conclusion

The court ordered the child to be returned to England. The court noted that the law did not permit the removal of a child from its parents simply because those parents were less than perfect or even neglectful. The entire system was designed to ensure that children remained at home with their parents.

Despite the excellent care of the respondents, the court could not “effectively assign custody in Ireland to people who have no rights, in law, to decide where this child lives when the only two people who do have such rights both object to the child living here”.

© Irish Legal News Ltd 2021

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Emergency legislation in response to Zalewski due within 'couple of weeks'

Leo Varadkar
Leo Varadkar

Emergency legislation allowing for Workplace Relations Commission (WRC) hearings to continue to take place in light of the Zalewski judgment will come forward "in the next couple of weeks", Tánaiste Leo Varadkar has said.

The landmark Supreme Court judgment in Zalewski, handed down in April, upheld the constitutional validity of the WRC but declared that certain aspects of the WRC procedures were unconstitutional.

Shortly after the judgment, the government announced its plan to introduce emergency legislation providing for "some procedural amendments" allowing WRC hearings to be held in public and evidence to be heard on oath.

However, employment lawyers have since raised concerns about the time taken to introduce legislation, suggesting that the issues raised by the Zalewski judgment are more complex than ministers have said.

Dublin solicitor Richard Grogan told Irish Legal News last month that the court's comments on the independence of adjudication officers could require the appointment of permanent and full-time adjudication officers.

Mr Varadkar made no reference to this as he told TDs yesterday: "We will need legislation quite soon, in the next couple of weeks, to respond to the Zalewski judgment, which requires that hearings can be held in public and that evidence must be given on oath."

Zalewski revolved around a contention of the applicant that the administration of justice in the State was within the sole remit of the courts. It was claimed that the lack of an appeal process to the courts from the WRC rendered the entire process an impermissible administration of justice.

In a 4-3 majority opinion, the court determined that the WRC process was a constitutional administration of justice in the State. In reaching its conclusion, the court grappled with the difficult issue of defining the “administration of justice” from the case law.

Noting that “independence and impartiality are fundamental components of the capacity to administer justice”, the court said the minister’s power to revoke the appointment of an adjudication officer is “troubling, particularly as it is likely that the adjudication officers will be civil servants in the minister’s department with other responsibilities where they will routinely be required to accept direction”.

The final orders in Zalewski did not include a declaration on the independence of adjudication officers, but the court said it was “sure that its observations in that context will be taken on board”.

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Bill for referendum on right to housing clears second stage in the Dáil

Richard Boyd Barrett
Richard Boyd Barrett

A private member's bill providing for a referendum on enshrining the right to housing in the Constitution cleared second stage in the Dáil last night.

The Thirty-ninth Amendment of the Constitution (Right to Housing) Bill 2020, sponsored by socialist TDs Richard Boyd Barrett, Paul Murphy, Mick Barry, Bríd Smith and Gino Kenny, seeks to delimit the constitutional protections given to private property in favour of the common good.

Mr Barrett told TDs that the existing text in the Constitution "does not define clearly what the common good is and, specifically, it does not include in it the right to housing as a clear part of the common good and give it priority".

The bill proposes to insert, after section 2 of Article 43 of the Constitution: "The State, in particular, recognises the common good as including the right to secure,affordable, dignified housing, appropriate to need, for all the residents of Ireland and shall guarantee this right through its laws, policies and the prioritisation of resources.

"The State, accordingly, shall delimit the right to private property where it is necessary to ensure the common good and to vindicate the said right to housing for all residents of Ireland."

Peter Burke, minister of state in the Department of Housing, Local Government and Heritage, told the Dáil that the government is committed to hold "a referendum on housing", but that it could be broader than the right to housing.

He said the government welcomed the debate and would not oppose the bill, but said the wording of any constitutional amendment should come from the commission on housing which will be established in September.

"The text of this private member's bill can be evaluated further by the commission as part of this process, as can the texts proposed by other stakeholders who have expressed an interest in this referendum," he said.

Mr Burke noted: "We cannot amend the Constitution without full clarity and knowledge as to what the change means. Since a change can impact on other rights under the Constitution, there must be a balance between them and the proposed amendment.

"A lack of clarity on all of an amendment's potential implications can result in legal complications for years to come and deflect important resources away from the primary focus, which is the provision of homes for our citizens and the prevention of homelessness. None of us would wish to see that."

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Chief Justice to deliver first in Hardiman Lecture Series next week

Chief Justice Frank Clarke
Chief Justice Frank Clarke

Chief Justice Frank Clarke will deliver the first in a series of online lectures in honour of the late Mr Justice Adrian Hardiman beginning next Tuesday.

The first of the Hardiman Lecture Series, to be delivered by the outgoing Chief Justice, will be titled "The United States and the European Union - Some Observations on Courts and Constitutions".

Other topics in the series include Black Lives Matter, constitutions, the origins of the Constitution of Ireland, the principle of judicial independence in the EU, and modern law reform.

The lecture series, named in honour of the late Mr Justice Hardiman in 2016 following his sudden passing, forms a key element of the Chief Justice’s summer placement programme for law students.

The lectures will be pre-recorded and delivered on Zoom at the scheduled time, but speakers will participate in a live Q&A afterwards under the Chatham House rule.

Registration for each lecture is now open on Eventbrite.

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Commission on Taxation and Welfare to begin work today

Professor Niamh Moloney
Professor Niamh Moloney

The new Commission on Taxation and Welfare, chaired by Professor Niamh Moloney, head of the law department at LSE, will hold its first meeting today.

Finance Minister Paschal Donohoe yesterday announced the appointment of 13 tax and welfare experts joining Professor Moloney on the commission.

The body has been tasked with independently considering how best the taxation and welfare systems can support economic activity and promote increased employment and prosperity, while ensuring that there are sufficient resources available to meet the costs of the public services and supports in the medium and longer term.

Each member has been appointed to bring a mix of direct experience and knowledge of several areas relevant to the Commission’s work, including taxation, welfare, economics, legal and broader civil society.

The commission is due to report to the Minister for Finance by 1 July 2022.

The full list of members is as follows:

  • Marie Bradley, managing director of Bradley Tax Consulting
  • Philip Brennan, former assistant secretary for Revenue Commissioners
  • Sandra Clarke, president of the Irish Tax Institute, partner in BCC Accountants
  • Rowena Dwyer, manager of policy, planning and government relations with Enterprise Ireland
  • Dr William Hynes, senior advisor to the secretary general of the OECD
  • Philip Kermode, former director of the European Commission (subject to EC approval)
  • Aoife Ní Lochlainn, Irish Environmental Network
  • Rena Maycock, CEO and founder of Cilter Technologies
  • John-Mark McCafferty, CEO of Threshold
  • Tom McDonnell, Nevin Economic Research Institute and ICTU nominee
  • Fergal O’Brien, director of IBEC
  • Dr Barra Roantree, Economic and Social Research Institute
  • Anne Vaughan, former deputy secretary in the Department of Social Protection

Mr Donohoe said: "I am pleased to appoint the members of the Commission on Taxation and Welfare all of whom bring a wealth of experience and expertise to this important work.

"The membership has been carefully selected to ensure a balanced consideration of the broad issues that are relevant to the Commission’s Terms of Reference including ageing demographics, digital disruption and automation and the long term strategic commitments of Government regarding health, housing, and climate, as well as the government’s commitment to a pro-enterprise policy framework and a stable and sustainable regulatory and tax environment.

"I wish the members well in their work and look forward to receiving their independent analysis and recommendations next year."

Professor Moloney said: "I am pleased that the members of the Commission on Taxation and Welfare have been appointed and that our first meeting has been convened this week.

"I look forward to working with my fellow Commission members in the coming weeks and months on this important mandate."

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Barristers to battle it out in Dublin Bay South by-election

The looming by-election in Dublin Bay South, widely seen as the first major electoral test for the new coalition government, is shaping up to be a battle of barristers – with as many as four of the top contenders drawn from the profession.

Fine Gael candidate James Geoghegan has perhaps the most prestigious legal background, being the son of two retired Supreme Court judges, Mr Justice Hugh Geoghegan and Mrs Justice Finlay Geoghegan.

He qualified as a barrister in 2013 and continues to practise as a barrister alongside his role on Dublin City Council as a councillor for the Pembroke Electoral Area.

His Fianna Fáil rival is Deirdre Conroy, who was the litigant in the landmark D v Ireland case in the European Court of Human Rights (ECtHR).

Ms Conroy, who called to the Bar in 2016, announced in 2018 that she had joined Fianna Fáil because of leader Micheál Martin’s “brave” explanation of his late-day decision to back repeal of the Eighth Amendment.

Her election campaign is being managed by barrister Jim O'Callaghan SC, a Fianna Fáil TD for the same constituency and the party's former justice spokesperson.

The Green Party, the most junior partner in the ruling FF-FG-Green coalition, has not yet named its candidate – but one of the two contenders for the title is Hazel Chu, who qualified as a barrister in 2007.

Ms Chu, currently the Lord Mayor of Dublin, was the first Irish-born person of Chinese descent to be called to the Bar, though she never went on to practise as a barrister.

The Labour Party has selected Ivana Bacik, a qualified barrister and prominent legal academic who has co-​authored texts on crime, human rights and constitutional law and currently leads her party in the Seanad.

Ms Bacik is the Reid professor of criminal law, criminology and penology, as well as a senior lecturer and Fellow, at Trinity College Dublin (TCD).

The remaining serious contender in the by-election is Sinn Féin candidate Lynn Boylan, who is also currently a member of the Seanad.

Ms Boylan has no legal qualifications, though is one of the sponsors of a recently-introduced private member's bill which proposes to exclude the value of free or partly free board as income when applying for civil legal aid.

A date has not yet been set for the by-election but it is expected to take place in July.

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CJEU finds in favour of female Tesco workers in equal pay fight

Supermarkets in the UK have suffered another blow in the battle for equal pay after the Court of Justice of the European Union (CJEU) ruled employees working in stores can compare their roles to colleagues working in distribution centres for the purpose of equal pay.

Before the UK left the EU, the CJEU was asked whether part of European law could be relied upon by people in the UK making equal value claims against their employer.

Under EU law, a woman can compare her role to that of a man’s working in a different establishment if a ‘single source’ has the power to correct the difference in pay.

The CJEU said in its judgment: “Where such pay conditions can be attributed to a single source, the work and the pay of those workers can be compared, even if they work in different establishments.”

Leigh Day represented more than 50,000 supermarket shop floor workers, most of whom were women, who claimed they were paid unfairly in comparison to distribution centre colleagues, most of whom were men.

Earlier in the year, the Supreme Court ruled that Asda shop floor workers could compare their roles to those of their colleagues in distribution centres for the purposes of equal pay.

Despite this decision, other supermarkets are still arguing that the roles are not comparable.

Kiran Daurka, a partner in the employment team at Leigh Day, said: “This judgment reinforces the Supreme Court’s ruling that the roles of shop floor workers can be compared to those of their colleagues in distribution centres for the purposes of equal pay.

“For a long time, employers have argued that UK law in this area is unclear, but this judgment is simple, if there is a single body responsible for ensuring equality, the roles are comparable.

“Clarification from the CJEU confirms that this single source test can be relied upon by people in the UK bringing an equal value claim. This means that employers can no longer hide behind the grey areas of UK law. It’s time for supermarkets to accept that the roles of shop floor workers and distribution centre workers are comparable.”

Pam Jenkins, who works at Tesco, said: “To get a judgment confirming shop floor workers can use an easier legal test to compare their jobs to male colleagues in distribution is up lifting.

“I’ve always been proud to work at Tesco but knowing that male colleagues working in distribution centres are being paid more is demoralising.

“I’m hopeful that Tesco will recognise the contribution shop floor workers make to the business and reflect that in our pay.”

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England: Decision to house asylum seekers at military barracks unlawful, High Court rules

A move by the UK Home Office to house asylum seekers in a "squalid" military barracks in Folkstone was flawed and unlawful, the English High Court has found.

The claim was brought by six asylum seekers who were accommodated in Napier Barracks between September 2020 and February 2021. All of the claimants were vulnerable victims of trafficking and/or torture, who experienced a deterioration in their mental health as a result of their accommodation at Napier Barracks and were transferred to alternative accommodation after legal proceedings were initiated.

The court heard evidence that:

  • the Home Secretary decided to use dormitory accommodation at the barracks despite advice from Public Health England that it was not safe to do so during the Covid-19 pandemic. The precautions which were taken were completely inadequate to prevent the spread of Covid-19 infection and this resulted in a widespread Covid-19 outbreak which was “inevitable”;
  • the caimants were exposed to an unacceptable fire risk as there were serious concerns about fire safety which had not been adequately addressed;
  • the barracks felt “like a detention centre or prison camp”;
  • there were inadequate safeguarding arrangements at the Barracks, with a third of residents feeling suicidal;
  • there were fundamental failures of leadership and planning by the Home Office, which had led to dangerous shortcomings in the nature of the accommodation and poor experiences for the residents.

In upholding the claim, the court found that the accommodation at the barracks did not comply with section 96 IAA 1999 read with Directive 2013/9/EC, which sets out “minimum standards” for reception of asylum seekers (the RCD).

In finding that the Home Secretary had acted irrationally, Mr Justice Linden stated: “The defendant’s proposition has to be that she met the minimum standards of the RCD and reached a rational view that the Barracks were adequate despite the claimants’ heightened vulnerability as asylum seekers which subsequently led to them being transferred out, despite the fact that the Barracks were reminiscent of a detention centre, despite the living conditions, which were basic at best, and the number of others who were to be resident there, despite the fact that they were likely to stay there for months, and despite the fact that they would be running risks of Covid-19 infection and death or injury from fire which the PHE and CPFSI respectively regarded as unacceptable.

"That is not a proposition which I can accept.”

The court also found that the process for selecting people to be accommodated at the barracks was flawed and unlawful, both in relation to (a) the initial decision to transfer asylum seekers to the barracks, and (b) the monitoring or review of suitability after transfer. Mr Justice Linden found that there were significant numbers of people living at the barracks, including the claimants, for whom such accommodation was unsuitable as defined by the Home Secretary’s own suitability assessment criteria. On the evidence, the levels went beyond a few aberrant cases which could have resulted from human misjudgement or error.

Finally, the court found that from 15 January 2021 when an instruction was given that residents were not to leave Napier Barracks until they were allowed to leave, the claimants were unlawfully detained both at common law and under Article 5 of the European Convention on Human Rights.

Sue Willman and Emily Soothill, solicitors at Deighton Pierce Glynn, said: “Based on government evidence, the High Court has found that the Home Secretary acted both unlawfully and irrationally in accommodating our clients at Napier Barracks, placing them at risk of a fire and contracting Covid-19, both of which happened. People seeking asylum are more vulnerable to physical and mental illness. They have the right to be treated with dignity and should not be accommodated in detention-style barracks. Almost 300 people are still accommodated at Napier and we urge Priti Patel to close the Barracks once and for all.”

Jennifer Blair of the Helen Bamber Foundation's legal team added: “The government moved people in need of support into Napier camp contrary to public health advice and without proper planning. This legal case is very important for shining a light on the conditions in the camp. As set out in the judgment, the site cannot be made Covid secure as it is used at the moment, and the conditions are unsafe.

"People seeking asylum require care and support to promote recovery, whereas Napier barracks is causing harm to survivors of torture and modern slavery. It is outstanding that the claimants in this case have now received justice, but the camp needs to be closed to protect the hundreds of people forced to live there at the moment.”

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Denmark: MPs pass law allowing for asylum seekers to be processed abroad

Danish MPs have defied international condemnation to approve legislation providing for asylum seekers to be transferred to detention centres outside of Europe for processing.

The bill, approved in a 70-24 vote yesterday, will amend the Aliens Act to allow Denmark to move refugees to asylum centres in "partner countries" for processing, which could also lead to them receiving asylum in that country.

The Danish government previously signed a memorandum of understanding with Rwanda in which it stated its "vision [is] that the processing of asylum applications should take place outside of the EU in order to break the negative incentive structure of the present asylum system".

Filippo Grandi, the UN high commissioner for refugees, said the new law "could see the forcible transfer of asylum-seekers and the abdication of Denmark’s responsibility for the asylum process and for protecting vulnerable refugees".

The UN refugee agency, UNHCR, says that efforts to "externalise or outsource" asylum obligations "run counter to the letter and spirit of the 1951 Refugee Convention, as well as the Global Compact on Refugees where countries agreed to share more equitably the responsibility for refugee protection".

Mr Grandi added: "Already today nearly 90 per cent percent of the world’s refugees live in developing or the least developed countries that – despite their limited resources – step up and meet their international legal obligations and responsibilities.

"UNHCR has raised repeatedly its concerns and objections to the Danish government’s proposal and has offered advice and pragmatic alternatives.

"UNHCR will continue to engage in discussions with Denmark, which remains a valuable and long-standing partner to UNHCR, in order to find practical ways forward that ensure the confidence of the Danish people and uphold Denmark’s international commitments."

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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!

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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.

elizabethbirrell@stewart.com 07940513681

johnlogan@stewart.com 01698 833308

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Global Language Services Ltd Sponsored post

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.

However good the technology is, it cannot pick up the subtleties of a language, the culture that underpins it, or even the humour that oils many of our conversations.

For this reason there has always been a need for skilled interpreters and translators and probably always will. That’s where Global Language Services Ltd can help you.

Not only do we have the language service talent that you are likely to need, we also have a track record that spans Government, health, justice, commercial and private sector contracts.

So, whatever you want to achieve in a different language, we’re on your side from the word ‘go’.

We go out of our way to help with any translation and interpreting requirements and you can test that simply by picking up the phone and getting in touch. Calls are answered by trained operators with no call centres – just real people determined to help you achieve your language service requirements as quickly as possible.

If you’ve been searching for Professional Translation or reliable Interpreting Services at competitive prices, we like to think that Global will be your long-term partner after your first project with us.

With offices in Glasgow, Edinburgh, Inverness and Aberdeen we are committed to finding local interpreters and translators wherever possible. Our reach, however, goes much further than Scotland and we are happy to take translation projects from across the world.

Call Today on 0141 429 3429 to discuss your Project

or email mail@globallanguageservices.co.uk

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Quote of the day

The mode in which the inevitable comes to pass is through effort.

Oliver Wendell Holmes, Jr.

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And finally... patty wagon

Police have paid tribute to their "bovine unit" after wandering cows brought a car chase to a safe end.

The 13-mile pursuit ended when the fleeing suspect drove onto a farm and had to brake when faced with a wall of cows.

No people nor cows were injured and the suspect was successfully taken into custody, USA Today reports.

Barron County Sheriff's Department, in the US state of Wisconsin, wrote on Facebook: "It ended on a farm and we would be remiss if we didn’t thank the Barron County Bovine Unit for jumping into the fray when the vehicle came into their patrol area."

Sheriff Chris Fitzgerald added: "We thought it was a good kick-off to June Dairy Month."

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