Featured documents
This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
Most recent Practice notes
This Practice Note provides an overview of the law, guidance and practice on executing simple contracts and deeds in Ireland. It sets out the principal distinctions between simple contracts and deeds and the formalities for execution. It also addresses counterparts and virtual closings, electronic signatures, powers of attorney, deed of variation, Irish Collective Asset-management Vehicles ( IVACs) and property transactions. Creating a contract A contract is a legally binding agreement conferring rights and imposing obligations between two or more parties. In essence, four core requirements must be met before a contract arises: an offer has been made that offer has been accepted valuable consideration is provided for performance of the contract the parties intend to be legally bound Contracts can be: oral written a mixture of oral and written by deed The general rule is that writing is not...
This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence ( AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property ( IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation ( EU) 2024/1689 laying down harmonised rules on...
Background and aims At EU level, a range of Directives on gender equality and working conditions have already dealt with matters linked to work–life balance, notably: Directive 2006/54/ EC on enforcing the principle of equal opportunities and equal treatment for women and men in employment and occupation (recast) Directive 2010/41/ EU on applying equal treatment between women and men engaged in self‑employed activities Directive 92/85/ EEC introducing measures to improve workplace safety and health for pregnant workers and for those who have recently given birth or are breastfeeding Directive 97/81/ EC concerning the Framework Agreement on part‑time work Directive 2010/18/ EU implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, the Parental Leave Directive The principles of gender equality and work–life balance are reiterated in Principles 2 and 9 of the European Pillar of Social...
Background By 2 December 2026, EU Member States are required to have transposed the Platform Work Directive ( Directive ( EU) 2024/2831) ( PWD), adopted on 23 October 2024 and published on 11 November 2024. This Practice Note examines how reclassification under Article 5 might be introduced in Ireland. The working assumption is that Ireland will regard its current framework—statute and common law—on employment status as adequate to give effect to the PWD. Before turning to the present text of the PWD, it is necessary to situate it within its wider background. The headline of the initial proposal centred on a presumption of employment for persons delivering services via labour platforms. The 9 December 2021 draft ( COM(2021) 762 final) set out the original presumption model, creating a presumption of an employment relationship wherever a labour platform directed how work was...
This Practice Note This Practice Note is a horizon scanner mapping key future developments in the field of Employment law in Ireland for 2026. It sets out essential dates for your diary (including projected timings where precise dates are not yet known) together with relevant commentary in relation to: Legislation: Bills in progress Acts not in force, partially in force or subject to staged introduction Statutory Instruments in progress Statutory Instruments partially in force or subject to staged introduction Case appeals and enforcement: Supreme Court High Court District Court...
Irish employment law sets out protections for staff who become parents or take on caring roles. Statutory maternity, adoptive and paternity leave arise under the Maternity Protection Act 1994 ( Ireland) (as amended, MPA 1994 ( IRL)), the Adoptive Leave Act 1995 ( Ireland) (as amended, ALA 1995 ( IRL)) and the Paternity Leave and Benefit Act 2016 ( Ireland) (as amended, PLBA 2016 ( IRL)). These statutes provide time away from work and social welfare supports for new parents. Wider family entitlements, including parental leave and parent’s leave, are set by the PLA 1998 ( IRL) and the Parent’s Leave and Benefit Act 2019 ( Ireland) ( PLBA 2019 ( IRL)). Those in caring roles may take leave under the Carer’s Leave Act 2001 ( Ireland) ( CLA 2001 ( IRL)) to deliver full-time care to a dependent person without...
Governing legislation The process of transferring undertakings is regulated by SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL)), commonly known as the TUPE Regulations 2003 ( IRL). These 2003 Regulations superseded SI No 306/1980 European Communities ( Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations 1980 ( Ireland), as later amended by SI No 487/2000 European Communities ( Safeguarding of Employees’ Rights on Transfer of Undertakings) ( Amendment) Regulations 2000 ( Ireland). The earlier regime gave effect to the EU Acquired Rights Directive 77/187/ EEC in Ireland. Relevant transfers Numerous European Court of Justice ( ECJ) rulings have clarified what amounts to a transfer for the purposes of Directive 77/187/ EEC and, in turn, the TUPE Regulations 2003 ( IRL). A detailed review of that body of caselaw lies outside this...
This ‘ How to’ guide explains how to run a disciplinary or misconduct investigation in Ireland. When a suspected misconduct matter emerges at work, the initial step is to examine the issue, establish the facts, and decide on an appropriate employer response. Doing so enables the employer to act fairly and reduce the likelihood of unfair dismissal claims. The purpose of a disciplinary investigation A disciplinary investigation seeks to clarify the facts and context surrounding an allegation of misconduct against an employee. It serves two main aims: to collect, in a fair and impartial way, all evidence and records relevant to the allegation to advise whether the issue should proceed to disciplinary action under the employer’s formal disciplinary procedure Legal considerations and implications Those advising in this field may find it useful to consult: Article 40 of the Constitution of Ireland Section 14 of the...
This Practice Note considers the transfer of employees under SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL)) ( TUPE Regulations 2003 ( IRL)), as revised by the Workplace Relations Act 2015 ( Ireland). The TUPE Regulations 2003 ( IRL) give domestic effect to Council Directive 2001/23/ EC of 12 March 2001, which harmonises Member States’ laws concerning the protection of employees’ rights when undertakings, businesses, or parts of undertakings or businesses are transferred ( Council Directive 2001/23/ EC). Definition of employees To obtain statutory protection in connection with a transfer of an undertaking, individuals must be regarded as employees. Council Directive 2001/23/ EC does not provide a definition of an employee. Rather, it specifies that ‘(d) “employee” shall mean any person who, in the Member State concerned, is...
Updated in October 2024 Introduction Ireland is regularly placed among the world’s leading destinations for setting up international operations. The country has drawn many of the globe’s largest enterprises to base activities here, spanning global technology, pharmaceuticals, biosciences, manufacturing and financial industries. Ireland’s pull as a business hub stems from the pro-investment stance of successive Irish governments, EU membership, a highly favourable rate of corporation tax, and a talented, adaptable labour force. Together, these and other elements make Ireland a compelling choice for foreign direct investment. Following the UK’s departure from the EU on 1 January 2020, and the end of the transition phase on 31 December 2020 that had kept the UK within the customs union and single market, Ireland’s role as an English-speaking gateway to one of the planet’s largest markets has grown in importance. Several organisations have already...
This EU tracker covers case law in the following areas: EU immigration policy Free movement of EU citizens New Pact on Migration and Asylum with a special focus on legal immigration Case law Case: A. B. v Ministerstvo vnitra, Odbor azylové a migrační politiky, Case C-349/24 Judgment date: 5 June 2025 Key facts/ Analysis: An application arose in litigation between a non- EU national and the Czech Ministry of the Interior’s Department of Asylum and Migration Policy, challenging a decision refusing that person international protection. The reference asks how Article 3 of Directive 2011/95/ EU should be construed. That provision concerns the scope for Member States to introduce more generous rules within the EU framework setting qualification standards for third‑country nationals or stateless persons as beneficiaries of international protection, establishing a uniform status for refugees or those eligible for subsidiary...
Employment laws in the Republic of Ireland, Great Britain and Northern Ireland have much in common, as all operate within common law systems and many contemporary employment statutes flow from European Directives. Even so, divergences do exist and are likely to widen. This Practice Note outlines several distinctions between Great Britain and the Republic of Ireland. Care is advised when handling matters in Northern Ireland, where the framework is becoming increasingly distinct from Great Britain. For details on the differences between Great Britain and Northern Ireland, see Practice Note: Northern Ireland employment law. Main areas of difference employment status categories leave entitlements qualifying period and remedies under unfair dismissals legislation redundancy entitlements protected conversations and settlement agreements employment tribunal procedures transfers of undertakings ( TUPE) ...
Where staff move with the undertaking in which they are employed and assigned under SI No 131/2003 European Communities ( Protection of Employees on Transfer of Undertakings) Regulations 2003 ( Ireland) ( SI No 131/2003 ( IRL) ( TUPE Regulations 2003 ( IRL)), a range of important employment tax consequences arises and must be considered, where appropriate, in practice. This Practice Note addresses, for completeness, from an Irish tax standpoint, the employment tax and payroll consequences of a TUPE transfer, in particular. Continuity of employment Under SI No 131/2003 ( IRL), reg 2 4, when a qualifying transfer takes place, in-scope employees’ contracts pass automatically to the incoming employer, preserving their existing terms and conditions, including length of service. The service element matters for employment tax in the context of any later redundancy. In those circumstances, an employee’s statutory redundancy entitlement will be computed by...
This Practice Note offers a broad, general overview of data protection law in Ireland, setting out its key concepts and provisions. Irish data protection rules are chiefly driven by the application of the EU General Data Protection Regulation ( Regulation ( EU) 2016/679) ( EU GDPR), and there are also separate, more detailed Practice Notes that advise on particular aspects of data protection at an EU level. This Practice Note summarises the most significant of those aspects and clearly sets them within an Irish regulatory context. Ireland is a notable forum for data protection analysis today, as many major personal‑data‑rich businesses, including large social media platforms and digital service providers, have their European headquarters in Ireland. Introduction to data protection law and its purpose Data protection law is generally designed to ensure that information about living individuals (within the meaning of ‘personal data’) is handled...
Popular documents
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
Discover more from LexisNexis
