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Irish Legal News


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Irish Legal News: 27th May 2021

Legal Jobs
Events, CPD & Courses
Latest News

Latest Jobs

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;
  • 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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Executive Officers – Financial Services and Pensions Ombudsman

The Financial Services and Pensions Ombudsman (FSPO) was established in 2018 to resolve complaints from consumers against financial service providers or pension providers.

The FSPO provides an independent, fair, impartial, confidential and free service to resolve complaints through mediation, and where necessary by investigation and adjudication.

The FSPO is recruiting for the position of Executive Officer (EO). Executive Officers play a key role across teams in the FSPO. The roles filled following this competition will vary depending on the skills of the individual and the requirements of the team they are assigned to.

Executive Officers are involved in a wide range of roles and activities including: the resolution of disputes through mediation; formal investigation of complaints; analysing and examining complex data and evidence; researching and drafting proposals and opinions relating to policy and legal issues; managing operations; assessing the eligibility of complaints; and dealing directly with the public.

For further information on current opportunities with the FSPO please visit www.fspo.ie/careers

Closing date: 3pm, 8 June 2021.

The FSPO is committed to a policy of equal opportunity and encourages applications under all 9 grounds of the Employment Equality Acts.

Cuirfear fáilte roimh chomhfhreagras i nGaeilge.

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Remote Working Litigation Solicitor – J R Sweeney LLP

J R Sweeney LLP is a busy commercial practice in Ballsbridge specialising in Private Client and Owner Managed business/commercial services. We are seeking an experienced commercial litigation solicitor to join our team.

Our systems and technology of working facilitate the appointment of an additional Solicitor working remotely but with online access to our offices and facilities in Ballsbridge as required.

The role involves providing support to our private clients and their companies in all contentious commercial and corporate civil matters and presents a superb opportunity for someone with excellent experience in commercial litigation generally seeking an opportunity to make their mark and yet have the benefits that flow from working remotely with main office support.

The successful candidate is likely to have:

  • extensive experience in prosecuting Circuit Court, High Court, Commercial Court and Superior Courts litigation and generally, all forms of dispute resolution in Ireland;
  • ability to exercise sound judgement and decision making;
  • proficient computer skills to facilitate remote working with excellent broadband facilities available.

The opportunity may also be suitable for candidates with an interest in Employment and/or Property Law to complement our existing workflows.

This position offers a genuine work/life balance with an opportunity to operate with a high level of autonomy whilst working remotely. Highly varied work, outstanding culture and facility support with competitive remuneration on offer.

If you wish to apply for this role please email your CV and cover note in confidence to Sinead Loftus - sinead@jrsweeney.ie.

www.jrsweeney.ie

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Probate/Conveyancing Solicitor – Leahy Reidy Solicitors

Leahy Reidy Solicitors are looking for a Probate / Conveyancing solicitor to join our dynamic team at our Limerick city centre office.

5 years PQE minimum required

Salary commensurate with experience

Send CV and covering letter to

The HR Manager,
Leahy Reidy Solicitors
Park Manor,
Upper Mallow Street, Limerick

or email wjl@leahyreidy.ie

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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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PELGBA Annual Conference 2021

The Planning, Environmental, and Local Government Bar Association of Ireland (PELGBA) is a specialist association for practising Barristers who practice in or have an interest in Planning, Environmental and Local Government Law in Ireland.

Conference Date: 27th May 2021

Time: 2pm – 5pm

Speakers:

  • James Connolly SC, Chair, PELGBA
  • The Hon. Ms. Justice Nuala Butler
  • Dermot Flanagan SC
  • Eamon Galligan SC
  • Stephen Dodd SC
  • Tom Flynn BL
  • Suzanne Murray BL

Topics:

  • Planning law enforcement
  • Section 50 Procedures
  • Strategic Housing Developments
  • Climate Change & Environmental Law
  • Recent Developments in CPO law (Compulsory Purchase Orders)

To attend, please go to https://ti.to/BarofIreland/PELGBA2021

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Law Society of Ireland’s Free Online Course: Environmental Law & Climate Change

Starts Tuesday, 18 May 2021 @ 5:00 pm, ends Tuesday, 15 June 2021

The 2021 MOOC (Massive Open Online Course) in Environmental Law and Climate Change from the Diploma Centre at the Law Society of Ireland provides participants with a short but incisive overview of legal and ethical considerations for those involved in environmental law and the environmental and conservation spheres.

The course runs over a five-week period with materials for the weekly modules released every Tuesday in the form of short video presentations from expert contributors. These are supported by suggested readings, quizzes, and ‘live’ online Q & A sessions.

Each week, speakers will explore a range of topics including climate change- international/EU/national obligations, climate justice, environmental law enforcement, ecocide and green crime, the circular economy and much more!

Expert speakers are leading environmental lawyers, academics, climate scientists and conservationists, and include Mary Robinson, former President of Ireland speaking on ‘Climate Justice’.

So whether you are passionate about climate justice, curious about green energy or coming in fresh to the emerging global conversation, join us to learn more!

For full details about the course and schedule, visit: https://mooc2021.lawsociety.ie/

What is a MOOC?

A MOOC is a free online course that is open to all and specifically designed for large numbers to participate. To date, the Diploma Centre’s MOOCs have attracted over 14,000 participants from over 70 countries since they first launched in 2014. Find out more.

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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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The MacDermott Lecture 2021 - ‘Should Judges be Neutral?’

Delivering the annual MacDermott Lecture Advocate General Gerard Hogan wrestles with the question of whether judges should expressly take the consequences of their decisions into account when deciding cases or whether they should instead be indifferent as to the result following a detached application of legal principles. In his address AG Hogan draws attention to historical examples of where judges faced personal dilemmas in how to decide difficult cases before then proceeding to perform a thought experiment which consists of looking at four decided cases drawn from both jurisdictions on the island of Ireland and examining how these cases might have been decided if the court could properly have taken the consequences of its decision into account.

The Lecture will be introduced by the Vice Chancellor of Queen's University Professor Ian Greer. It will be followed by comments offered by Lord Chief Justice, Sir Declan Morgan and Professor Emeritus Brice Dickson.

The MacDermott Lecture is delivered annually at Queen’s University Belfast. Lord MacDermott studied at Queen’s in the early years of the twentieth century and went on to pursue a distinguished political and legal career, later returning to Queen’s to teach and to hold the position of pro-vice chancellor. He was Lord Chief Justice of Northern Ireland from 1951 to 1971.

This event attracts 1.5 CPD points.

A link to this online talk will be issued prior to the event.

More information

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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

Davina Saint appointed chair of Business to Arts

Corporate banking lawyer Davina Saint has been appointed as chair of the Business to Arts charity.

A senior level banking executive and qualified solicitor, Ms Saint previously served as head of branch for BNP Paribas Securities Services in Ireland and recently joined the board of NAMA.

She has extensive legal experience with 19 years as head of legal and general counsel for BNP Paribas’ operations in Ireland. She is also a chartered director and has built corporate governance and risk management experience across multiple boards and executive committees.

Her appointment comes alongside the appointment of Myles Clarke, managing director of CBRE Ireland, and Fiona D'Arcy, chief marketing officer of Linesight, to the charity's board.

Business to Arts is a membership-based, charitable organisation that brokers, enables and supports creative partnerships between businesses, individuals and the arts.

Business members are paired with arts organisations and artists to develop solutions in areas such as sponsorship, commissioning, brand development, training, leadership development, internal and external communications and events.

Chief executive Andrew Hetherington said: "These new appointments align with Business to Arts’ strategic objectives, which include creative place-making and the integration of art and design into the recovery of cities and towns across Ireland."

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NI: Gambling reform bill to be introduced within weeks

Deirdre Hargey
Deirdre Hargey

Legislation to introduce the most significant reforms to Northern Ireland's gambling laws in over 35 years will be introduced within weeks.

Communities Minister Deirdre Hargey today announced a "two-phased approach", with immediate legislation to be followed in the longer-term with the introduction of a completely new regulatory framework.

Gambling in Northern Ireland, other than the National Lottery, is currently regulated under the Betting, Gaming, Lotteries and Amusements (NI) Order 1985.

The first-phase legislation will deliver tangible changes in around 17 key areas, mainly around premises-based gambling, including improving protection for children and young people as well as some relaxations around hours of operation.

Ms Hargey said: "Gambling legislation has remained largely unchanged since it was enacted 35 years ago. As a result, gambling regulation here has not kept pace with industry and technological changes. In my view change is long overdue.

"It is clear from our consultation that people are content for some of the existing legal constraints on gambling to be relaxed. But they also believe that government, the gambling industry and others need to do much more to prevent, control and combat problem gambling.

"The pragmatic approach I am taking will mean that we deliver some much needed change in the short term, while simultaneously ensuring that complex areas of regulation and online gambling are given the time and consideration they need."

The coming legislation will create new offences in relation to allowing children to play gaming machines; create powers to impose a statutory levy on gambling operators; establish a mandatory code of practice for those holding gambling licenses; broaden the definition of cheating to include attempted cheating; make gambling contracts enforceable in law; remove some of the restrictions on promotional prize competitions; and permit bookmakers and bingo clubs to open on Sundays and Good Friday.

The second phase of reform "will require a much longer timescale and will include a completely new regulatory framework which will regulate online gambling, including gaming machines", the Department for Communities (DfC) said.

Ms Hargey recently announced separate changes to legislation to enable local voluntary groups and clubs to raise vital funds by selling tickets online.

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Justice ministers discuss north-south co-operation

Justice ministers north and south of the border have met to discuss co-operation and share learning on offender mental health, hate crime, youth justice, forensic science and support for victims.

Justice Minister Naomi Long MLA and Justice Minister Heath Humphreys TD met virtually to discuss north-south co-operation under the Intergovernmental Agreement on Co-operation on Criminal Justice Matters.

Mrs Long said: “Cross-border co-operation on justice matters is vital to both of our jurisdictions. I welcome the opportunity to meet with Minister Humphreys and take forward discussions on a range of cross-border initiatives under the auspices of the Intergovernmental Agreement.

“Co-operating on these initiatives and sharing learning on issues such as offender mental health, hate crime, youth justice, forensic science and support for victims contributes greatly to ensuring we are doing everything we can to promote good practice in these areas.

“The Covid pandemic has also presented us with significant challenges across both justice systems. It is important that the innovative responses and learning which were generated in response to the pandemic are shared to our mutual benefit.”

Mrs Humphreys said: “Cross-border co-operation in policing and criminal justice matters remains a priority and our meeting today displayed the high degree of dynamic co-operation between our criminal justice systems.

"I was encouraged to hear of the ongoing excellent work in sharing our experience and practices across a range of areas, including training to deal with high risk offenders, sharing information in relation to youth offending, ongoing work in relation to support for victims and tackling issues such as hate crime.

"During the meeting we also took the opportunity to discuss the impact of the Covid pandemic on our criminal justice systems and looked forward to how we can build on what has been achieved and learned during the pandemic, as we face the challenges ahead.”

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NI: Ombudsman to investigate consistency of policing across Black Lives Matter protests and Bobby Storey funeral

Marie Anderson
Marie Anderson

The Police Ombudsman for Northern Ireland has launched an investigation into an allegation of race discrimination in the police handling of a Black Lives Matter protest in Derry last summer.

A member of the public who took part in the protest on Saturday 6 June 2020 has alleged inconsistencies in the policing approach to engagement and enforcement in comparison to the funeral of Bobby Storey which amount to race discrimination.

A spokesperson for the police ombudsman, Marie Anderson, said she "has a statutory duty to investigate qualifying complaints about police conduct and is satisfied that the complaint, received on 6 April 2021, is one that she is required to investigate".

The investigation will focus on matters related to the engagement of the PSNI with the organisers of the protest in advance of the event. The investigation will examine if this engagement was consistent with the PSNI's approach to the organisers of Bobby Storey’s funeral.

The investigation will also examine the PSNI strategy, policies and decision-making around the two events in light of this complaint.

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Sumi Nadarajah: Motion marks – moving with the times

Sumi Nadarajah
Sumi Nadarajah

Sumi Nadarajah of FRKelly introduces Ireland's first registered "motion mark".

Companies and brand owners are increasingly looking for innovative and creative ways to promote and market their brands in the digital age. This has led to the creation of new forms of trade marks such as motion marks, holograms, and other multimedia marks.

These advances in technology and the emergence of motion and multimedia marks have compelled IP regulators around the world to review and update their existing Trade Mark registration regimes, which would traditionally have required a mark to be capable of “graphical representation”.

Jurisdictions such as the US have recognised and protected motion marks from as far back as 1996 - when Columbia Pictures first registered its iconic multimedia logo featuring a woman carrying a torch and wearing a drape. Unsurprisingly, such recognition has not been universal and most of the world has lagged significantly behind.

In Europe, the EU only updated its regulations by way of the 2015 Trade Marks Directive to permit easier registration of non-traditional marks. EU Member States are now all expected to have harmonized their laws with the Directive and today, a mark needs only to be represented in a manner “which enables the competent authorities and the public to determine the clear and precise subject matter of the protection.” The representation must be “self-contained, easily accessible, intelligible, durable and objective.” A motion mark must be represented by either a video file or a series of still sequential images showing the movements or position changes.

Interestingly, British IP Day 2019 was marked by the grant of the first ever moving multi-media mark in the UK. Toshiba, the well-known Japanese company were granted protection for the company’s logo featuring origami-style folding coloured triangles.

In Ireland, the Trade Mark (Amendment) Rules 2018 introduced the protection of these new types of Marks and came into force in January 2019.

FRKelly are now delighted to report that our firm have been the first to file a motion Trade Mark before the Intellectual Property Office of Ireland (IPOI) in this jurisdiction. Our application has recently been approved and advertised in the IPOI Journal - here.

Here is our Motion Mark:

And here is our explainer video:

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Richard Grogan: Mitigating loss and smoking on premises

Richard Grogan
Richard Grogan

Employment law solicitor Richard Grogan explores a case involving unfair dismissal where an employee is smoking on work premises.

The issues of mitigating loss and smoking on premises arose in UDD2135, being a case of Q Park Ireland Limited and Denis Fitzpatrick.

The Labour Court in this case said that employers are required to uphold the law and that smoking in a confined area is a breach of the law and it can be expected that in many, if not most, instances of such a breach, the court will uphold the right of an employer to dismiss.

However, the court pointed out that in this case the breach came to their attention due to CCTV footage in the aftermath of what could only have been a frightening and distressing incident.

The court pointed out that it was anxious not to appear to excuse a flagrant breach of the law, made worse by an argued justification based on previous transgressions where the employee had argued that the practice of smoking was generally ignored and that this justified an argument to disregard the transgression.

The court in this case had held that an incident which arose where there had been an exchange between the employee and a car driver was not an issue which would have warranted dismissal.

What is interesting is that the court in this case, even though the issue of smoking only came to light when the CCTV was viewed, still took the view that this was a breach of the law and made worse by the justification put forward by the employee.

The court therefore took the view that, taking all factors into consideration, a reasonable employer would not have dismissed and that dismissal was unfair in the circumstances where the smoking took place after what the court held was a frightening experience for the employee.

The court pointed out that the maximum compensation would be €51,000. The court, however, pointed out that by smoking on the premises, the employee had contributed to his dismissal. The court also pointed out that, while it is accepted that it is more difficult for a man of the particular age of the employee to find full-time employment, and while he was to be commended for securing part-time employment for a period and for securing a role as a tour guide, it was an established principle by the court that a dismissed employee's time is not their own and that the employee is required to apply part of every normal working day in securing alternative employment. The court found that the complainant fell well short of this requirement. On that basis, a sum of €18,000 was awarded.

What is interesting in this case is that the court has clearly set out that breach of a non-smoking policy would warrant dismissal. It has also pointed out is that where an employee seeks to justify something which cannot be justified, that this will be taken into account in assessing compensation.

The other issue which again is repeated by the court is the requirement of employees to use the time after they are dismissed applying for other employment.

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NI: Mallon & Co Solicitors named corporate partner of Derry GAA

Maghera firm Mallon & Co Solicitors has been named as a new corporate partner of Derry GAA.

The firm, established 50 years ago and now led by partners Joe Mallon and Enda McKaigue, has been a long-time backer of sport in the local community.

Commenting on the new arrangement, Derry GAA chairman Stephen Barker said: "We are delighted to welcome Mallon & Co on board as a corporate partner of Derry GAA.

"Mallon & Co are a local business with a track record of supporting the GAA community. I’m confident that our local clubs, supporters and businesses will support their efforts."

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Trial of three men over aftermath of Hillsborough disaster collapses

Credit: Edmund N Gall, CC BY-SA 4.0

The trial of a former police solicitor and two former police officers in relation to the 1989 Hillsborough disaster, in which 96 football fans were unlawfully killed, has collapsed.

The three men were accused of perverting the course of justice in relation to their actions following the disaster, including allegations they edited witness statements to cover up police failings in the 1989 inquiry overseen by Lord Justice Taylor.

However, Mr Justice William Davis, sitting in a Nightingale court in Manchester, ruled that the Taylor Inquiry was not a statutory public inquiry so did not represent a "course of public justice" that could be perverted.

The Crown Prosecution Service (CPS) did not appeal the ruling and the court subsequently found there was no case for solicitor Peter Metcalf, former chief superintendent Donald Denton and former detective chief inspector Alan Foster to answer.

The collapse of the trial follows the acquittal of Hillsborough match commander David Duckenfield on charges of gross negligence manslaughter in 2019.

The prosecution of the three men was launched following an investigation by the Independent Office for Police Conduct (IOPC) and was expected to last up to 16 weeks.

A two-year inquest concluded in 2016 that the fans were unlawfully killed, but nobody has been successfully prosecuted for their role in the deaths.

Sue Hemming, director of legal services at the CPS, said: "This is the first time that people have appeared in court for actions following the disaster. It has been a complex case looking at evidence from three decades ago and whether the defendants deliberately changed police statements in order to mislead future inquiries.

"It is crucial that we presented the evidence gathered by the IOPC investigation teams to a court and we have worked tirelessly to prepare the case for the jury to understand this evidence and any implications resulting from the amended statements.

"After long and incredibly careful consideration, especially for the families involved, we decided not to appeal the ruling. The CPS was right to bring this case and for a court to hear the evidence of what happened in the aftermath of the Hillsborough disaster."

She added: "What has been heard here in this court will have been surprising to many. That a publicly funded authority can lawfully withhold information from a public inquiry charged with finding out why 96 people died at a football match, in order to ensure that it never happened again – or that a solicitor can advise such a withholding, without sanction of any sort, may be a matter which should be subject to scrutiny.

"Throughout, we have kept in regular contact with bereaved families and I fully appreciate how disappointing this outcome will be for them. As we have done at each stage of our work, we will meet with them again to answer any questions they may have."

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UK: Supreme Court to launch paid internship for aspiring lawyers from underrepresented communities

The UK Supreme Court announced today that it will launch its first paid internship for those aspiring to a career at the English bar from underrepresented communities. The internship programme has been organised in collaboration with Bridging the Bar, a charity committed to the promotion of equal opportunity and diversity.

Today also marks the publication of the court’s judicial diversity and inclusion strategy which aims to support the progress of underrepresented groups into judicial roles and to achieve an inclusive and respectful working environment for justices, where differences are valued. 

The programme will offer eight Bridging the Bar candidates the opportunity to take part in a five-day placement at the Supreme Court. It will be a challenging, intellectually stimulating and rewarding week.

Each participant will be assigned to a judicial assistant, giving them an unprecedented insight into the workings of the UK’s highest court. Over the course of the week, the interns will observe cases, discuss legal arguments with justices, and gain insights and guidance from judicial assistants.

In addition to the five days spent in the Supreme Court, Bridging the Bar will also run two days of preparatory coaching.

To take part in this programme, candidates are required to have completed or accepted an offer with the intention of completing the Bar Professional Training Course.

Applications will open on 10 June and close on 10 July 2021. Internships are expected to take place during the Michaelmas Term (which runs from October to December 2021), with exact dates to be confirmed.

Vicky Fox, chief executive of the Supreme Court, said of the programme: “I am delighted to announce the launch of the Supreme Court’s first paid internship programme, which offers a real insight into the work of the court.

"The court recognises that it has a leadership role to play to support increasing diversity of the judiciary and it is our intention that this programme will support the progression of underrepresented groups into the legal profession and ultimately into judicial roles.

"We are looking forward to learning from the interns and hope that the programme will provide an intellectually stimulating experience for participants and support them to pursue a career in the law.”

Eleanor Tack, head of marshalling and court related projects at Bridging the Bar, said: “I am very excited about this programme. It’s going to be a really challenging week for the candidates who will be asked to discuss legal arguments with the Judicial Assistants and Justices and give a presentation at the end. For this reason, only candidates of the highest quality will be selected, and we expect the competition to be extremely high.

“We will not, however, be throwing our candidates in at the deep end alone!  Bridging the Bar has organised pre-training with various workshops to ensure that our candidates can make the most out of their time with the court.”

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Human rights lawyers condemn Belarus plane hijacking as 'state terrorism'

The International Bar Association's Human Rights Institute (IBAHRI) has condemned the Belarusian authorities' forced diversion of a flight carrying dissident journalist Raman Pratasevich as a "reckless and abhorrent act of state terrorism".

Mr Pratasevich was arrested after his Ryanair flight from Greece to Lithuania was forced to land in Belarus after its authorities claimed they had received a bomb threat and scrambled a MiG-29 fighter jet to escort the civilian flight to Minsk.

The plane was closer to Vilnius than Minsk at the time of the diversion and Belarus has so far failed to provide evidence of the alleged bomb threat.

Mr Pratasevich is considered a terrorist by the Belarusian authorities due to his former role as editor-in-chief of NEXTA, a major online platform for the Belarusian democracy movement which was been proscribed as an extremist organisation following the eruption of protests against President Alexander Lukashenko.

He stands accused of "gross violation of public order" and "inciting mass riots" and "social hatred" against law enforcement, for which he could face a lengthy prison term or potentially the death penalty.

Anne Ramberg, co-chair of the IBAHRI and immediate past secretary general of the Swedish Bar Association, said: "The politically motivated forced diversion of a passenger plane to Minsk, under the guise of a bomb threat, was a reckless and abhorrent act of state terrorism to detain Raman Pratasevich by any means necessary. The IBAHRI calls for the immediate release of Mr Pratasevich and his companion Ms Sapega."

She added: "The forcible repatriation of Mr Pratasevich reveals the unrestricted lengths to which the Lukashenko administration will go to silence opposition voices and subvert the fundamental freedoms of the media and expression.

"The deterioration of the Belarusian media landscape is reprehensible. The baseless charges of extremism levelled against Mr Pratasevich and the threat of capital punishment if found guilty are incredibly concerning.

"The IBAHRI unequivocally condemns the actions of the Belarusian authorities and welcomes the swift and unanimous measures taken, thus far, by the European Union. Nations that conduct themselves with such behaviour must not be left thinking they can do so with impunity and complete disregard for the international laws by which they are bound."

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Royal Dutch Shell ordered to cut emissions in landmark judgment

An oil giant has been ordered to cut its global carbon emissions in a landmark ruling involving 17,000 co-plaintiffs.

Royal Dutch Shell was ordered by a court in The Hague to lower its emissions by 45 per cent by the end of 2030 as compared with 2019 levels in a case brought by Friends of the Earth.

The Anglo-Dutch firm's sustainability policy was deemed insufficiently “concrete” by the Dutch court in a ruling that serves as a warning to other polluters.

The court said the company had a duty of care and that its emissions should conform to the Paris climate agreement.

Judge Larisa Alwin said Shell said the ruling would have “far-reaching consequences” for the firm and could “curb the potential growth of the Shell group”.

Roger Cox, a lawyer for Friends of the Earth Netherlands, also known as Milieudefensie, said: “This is a turning point in history. This case is unique because it is the first time a judge has ordered a large polluting corporation to comply with the Paris climate agreement.

"This ruling may also have major consequences for other big polluters.”

The company said in February this year that it would expedite its transition to net-zero emissions in the coming years and decades.

It is to appeal the judgment, which could take two years.

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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 world is a perpetual caricature of itself; at every moment it is the mockery and the contradiction of what it is pretending to be.

George Santayana

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And finally... Pompeo and circumstance

A former US diplomat has launched a $1.8 million lawsuit against the US government and former secretary of state Mike Pompeo over an unpaid legal bill arising from the impeachment of Donald Trump in 2019.

Gordon Sondland was sacked as US ambassador to the European Union two days after testifying at the impeachment inquiry about Trump's alleged scheme to pressure Ukraine to investigate rival Joe Biden and his son Hunter.

He claims that Mr Pompeo had made a "legally binding promise" to reimburse him for legal costs related to his testimony after he discovered that he could not be represented by government lawyers, The Times reports.

A spokesperson for Mr Pomepo had described the lawsuit as "ludicrous" and said he is "confident the court will see it the same way".

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