Category: Irish Law

Interpreting Contracts

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| Contract, Irish Law

Photo from Killarney Golf & Fishing Club


In National Tourism Development Authority v Coughlan [2009] IEHC 53 (17 February 2009) Charlton J had little difficulty in concluding that the activities of a golf club were matters of sport and recreation and therefore had insufficient public benefit to amount to a charitable trust. Socially fascinating though the issue is, the judgment is also interesting for Charlton J’s various legal musings, including his comments on the interpretation and construction of private legal documents, including contracts and trust deeds.

The starting point for the interpretation of contracts is now the speech of Lord Hoffmann in Investors Compensation Scheme v West Bromwich Building Society [1998] 1 WLR 896, [1997] UKHL 28 (19 June 1997), which has commended itself to the House of Lords, the Privy Council, the High Court of Australia, the Irish High Court (BNY Trust v Treasury Holdings [2007] IEHC 271 [despite the citation, it is not available online, so far as I can find]; Ryanair Ltd v An Bord Pleanala [2008] IEHC 1 (11 January 2008); Connolly v An Bord Pleanála [2008] IEHC 224 (08 July 2008)) and the Irish Supreme Court (Analog Devices v Zurich Insurance Company [2005] IESC 12 (16 March 2005); Emo Oil Limited v Sun Alliance & London Insurance Company [2009] IESC 2 (22 January 2009)).…

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International Covenant on Civil and Political Rights Follow-Up Conference

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| Conferences, Lectures, Papers and Workshops, Human Rights, Irish Law

FLAC logo via FLAC site.In July 2008, Ireland was examined by the UN Human Rights Committee under the International Covenant on Civil and Political Rights. The report is here (scroll down to the Irish section, click on the E in the right-most column – so far as I can tell, the UN server won’t accept a deeper link, unfortunately), and I’ve discussed aspects of it here. In July 2008, the Free Legal Advice Centres (FLAC), the Irish Council for Civil Liberties (ICCL) and the Irish Penal Reform Trust (IPRT) submitted an excellent shadow report (pdf) to the Human Rights Committee; and they have now come together again to organize a follow-up event to raise awareness of the Committee’s recommendations on Ireland.

ICCL logo, via ICCL site.It will be held on Monday, 6 April 2009, at the Radisson SAS Hotel, Golden Lane, Dublin 2.

IPRT logo, via IPRT site.For further information and to book your place, contact Edel at FLAC; and watch out for further conference updates here. …

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Justice in the Media

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| Irish Law, judges

Justice Media AwardsIt’s an old story by now, but I missed it at the time, and I stumbled upon it today. It begins with a worthy event, the Law Society of Ireland‘s Justice Media Awards, established to give national recognition to legal journalism in various categories. To my mind, the categories are rather narrow, confined as they are in effect to full-time journalists in the traditional media, but that’s a minor quibble which I am sure will be addressed in the future by the addition of a new, more general, category (perhaps named for a significant figure associated with the Society). In any event, the 2008 awards were presented late last year, and at the event Mr Justice Adrian Hardiman of the Supreme Court made a speech which caused some controversy. For example, writing the Irish Times the following day, Carl O’Brien (one of the winners on the night) reported that Hardiman

… has sharply criticised the media for its “inadequate and uninformative” coverage of the courts. Speaking at the Law Society annual Justice Media Awards, he accused the media of rushing to comment on judges’ rulings without properly examining or understanding them.

The Irish Times later published the full text of the speech here.…

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The disjointed progress of the Defamation Bill, 2006

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| Defamation, Defamation Bill 2006, Irish Law, Libel tourism

As the Dáil resumed yesterday, last week’s post on libel tourism has prompted me to pick up the story of the tortuous progress of the Defamation Bill, 2006 through the Houses of the Oireachtas [the Houses of Parliament]. When we left it on this blog, it had just scraped the through the Seanad [the Senate, the Upper House of Parliament] on the second time of asking; thereafter, it had a brief consideration in the Dáil [functionally equivalent to a House of Commons, the Lower House of Parliament] before the Summer recess halted its progress once more. This post, and the next few, will consider these stages of its progress, just in time to wait (and – probably – wait and wait) for further developments in the new Dáil session.

The Defamation Bill in the Seanad
The Defamation Bill, 2006 was introduced into the Seanad on 7 July 2006, and thereby began a long and winding road to enactment, a destination it has not yet reached. …

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The Judiciary: Who they are and their everyday work

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| Conferences, Lectures, Papers and Workshops, Irish Law, Irish Society, judges

TCD School of Social Work and Social Policy logo, via their website.The School of Social Work and Social Policy, Trinity College Dublin will host a presentation by Prof Sharyn Roach Anleu under the above title at 4pm, Thursday 2nd October 2008, in the Robert Emmet Lecture Theatre (Room 2037, Arts Building (Map)), Trinity College Dublin.

Sharyn Roach Anleu is a Professor of Sociology at Flinders University, Adelaide, Australia, where The Judicial Research Project is undertaking wide ranging socio-legal research concerning the Australian judiciary as a legal and social institution and as a professional occupation. The presentation will examine the social and career background of members of the judiciary and their everyday work to create a picture of the judiciary as a professional occupation, working among and dependent on other professionals, including social workers.

More information is available here (doc), and from the School of Social Work and Social Policy.…

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Another small step towards Mental Capacity legislation

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| Irish Law, Irish Society, Mental Capacity

Law Reform Commission index logo, via their siteIn December 2006, the Law Reform Commission published a very valuable report on Vulnerable Adults and the Law (83-2006) (pdf). In May of this year, Carol Coulter reported in the Irish Times that the Department of Justice, Equality and Law Reform intended to act on that Report by means of a Mental Incapacity Bill which would replace the existing wardship jurisdiction with an alternative system for dealing with the affairs of vulnerable people, which will offer them assistance in making decisions and protect them from exploitation. Today’s print version of the Irish Times (but not, so far as I can see, the online version; update: though it did get a mention in the paper’s online Breaking News section) has further developments: …

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Free Speech, even for Kevin Myers – Update

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| Freedom of Expression, Irish Law, Irish Society, Media and Communications

Image of Africa, via Millennium Campaign (End Poverty 2015) website.The controversy about the article by Kevin Myers in last week’s Irish Independent rumbles on. And as I said in my last post, that is all to the good. It is the frank and open debate of the points he makes in the article that will best serve his critics, not an over-reaction to his rhetoric.

Here’s a sample of the online reaction: …

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Free Speech, even for Kevin Myers

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| Freedom of Expression, Irish Law, Irish Society, Media and Communications

Kevin Myers, via the Irish Independent website.Kevin Myers (pictured left) is a mordant and trenchant journalist, possessed of contumacious views and caustic expression. He is a classic contrarian, articulating non-populist positions with style and vigour. Sometimes he does this with Swiftian ridicule and satire; sometimes with polemic and overstatement; and sometimes with acerbic and penetrating insight. When he gets it right, he is one of Ireland’s best exponents of sharp and biting political commentary and analysis.

Though I rarely, if ever, agree with him, I am always challenged by what he writes. Sun Tzu, in The Art of War, advised that one should know the enemy. In that spirit, I read Kevin Myers: I seek him out because I know that I will usually disagree with his views. And the fact that he can challenge my views, or a contemporary consensus, is, in many ways, the best justification for freedom of expression. When he takes a strong position, it challenges those of us who disagree with him to understand our own positions, marshal our thoughts, and understand precisely what we believe and why we believe it, the better to explain why we disagree with him.

However, last week, Myers crossed the line from commenting on the news to making it.…

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