Injunctions, Investigations, Cross Examination of Witnesses and Breach of Trust

In the recent High Court decision of Hartnett -v- Advance Tyre Company Limited t/a Advance Pitstop [2013] IEHC 615 published on 19th December 2013 on the courts website, Justice Ryan in the High Court had to consider an application for an injunction to set aside the purported dismissal of the [...]

By |2019-10-18T10:26:21+00:00January 29th, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Injunction, latest news, Litigation, Witnesses|Comments Off on Injunctions, Investigations, Cross Examination of Witnesses and Breach of Trust

Successful Injunction in Trade Mark Infringement and Passing Off in use of name of “BMWcare””

The High Court recently published the case of Bayerische Moteren Werke AG -v- Ronayne t/a BMWCare[2013] IEHC 612 concerning a judgement delivered by Mr Justice Ryan on 19th December 2013. We have referred extensively to extracts from the judgment which is available on the courts website here. Background This case [...]

Judicial Review in Respect of Complaint to Pensions Board concerning Pension Levy

Judgement in the recent case of Scraggs v Pension Board [2013] (91 JR) was delivered by Mr Justice Hogan on the 19th November, 2013. A number of notice parties were joined to the proceedings. Background The applicant in this case was a former employee of the Bank of Ireland. He [...]

By |2019-10-18T10:26:22+00:00January 15th, 2014|Judicial Review, latest news, Litigation, pensions, Pensions Board|Comments Off on Judicial Review in Respect of Complaint to Pensions Board concerning Pension Levy

Family Law and Reform of “In Camera Rule”

The Department of Justice have announced the coming into operation of reforms to the in camera rule for family law and childcare proceedings from the start of the new legal term. A copy of the press release on the Department's website is available here. The Minister has now signed the [...]

By |2019-10-18T10:26:22+00:00January 14th, 2014|Courts and Civil Law (Miscellaneous Provisions) Act 2013, Family Law|Comments Off on Family Law and Reform of “In Camera Rule”

Proposed Increase in limit for mental distress in Fatal Injury Cases

It was announced today by Mr Alan Shatter T.D. Minister for Justice, Equality and Defence that the maximum amount can be awarded for mental distress to dependents of someone who is fatally injured is to be increased to €35,000. It is reported that compensation for mental distress has remained unchanged [...]

By |2019-10-18T10:26:22+00:00January 14th, 2014|Civil Liability Act 1961, latest news, Personal Injury|Comments Off on Proposed Increase in limit for mental distress in Fatal Injury Cases

Recent High Court Decision On Penalisation under Safety Health and Welfare at Work Act 2005

In the recently published High Court case of Stobart Ireland Driver Services Limited v Keith Carroll [2013] IEHC 581, the High Court was asked to consider an appeal from a decision of the Labour Court which was given on 17th January 2013 which the appellant had brought against a Right's [...]

By |2019-10-18T10:26:22+00:00January 8th, 2014|Accident at Work, Appeal, Health and Safety, High Court, Labour Court, latest news, Litigation, Penalisation, Unfair Dismissal, Victimisation|Comments Off on Recent High Court Decision On Penalisation under Safety Health and Welfare at Work Act 2005

Unfair Dismissal and Discriminatory Dismissal – Is it possible to claim both under Section 101 of the Equality Act 1998 (as amended)

The recent case of Astrid McCarey v High Lennon and Associates UD909/2012 deals with the the jurisdictional issue under Section 101(2) of the Employment Equality Acts 1998 (as amended). Background The claimant in this case lodged a claim for unfair dismissal under Section 8 of the Unfair Dismissal Act 1977 [...]

Increase District Court and Circuit Court Jurisdiction from 3rd February 2014

The new monetary jurisdictions in the district and Circuit Court will come into effect on 3rd February 2014. The new District Court jurisdiction in civil proceedings will increase from €6384 to €15,000 The new Circuit Court jurisdiction in civil proceedings will increase from 38.092 to €75,000 except in personal injury [...]

By |2019-10-18T10:26:23+00:00January 3rd, 2014|Circuit Court, District Court, latest news, Litigation, Personal Injury|Comments Off on Increase District Court and Circuit Court Jurisdiction from 3rd February 2014

Unfair Dismissal and Workplace Investigation Flaws

In the latest series of Employment Appeals Tribunal determinations from December, we look at finding of unfair dismissal where the respondent employer failed to carry out a proper workplace investigation. Background In the case of Rachel Bermingham v Marks and Spencer Ireland UD 601/2011, MN 639/2011 the claimant was duty [...]

By |2019-10-18T10:26:23+00:00January 1st, 2014|Appeal, Appeal Hearing, Disciplinary Hearing, Disciplinary Meetings, Employee Handbook, Gross Misconduct, Investigation, latest news, Litigation, Unfair Dismissal|Comments Off on Unfair Dismissal and Workplace Investigation Flaws