The Future of the Law of Restitution for Unjust Enrichment in Ireland

Euro notes = Irish flag (notes via https://en.wikipedia.org/wiki/Euro_banknotes)The Private Law Discussion Group in the School of Law, Trinity College Dublin, is delighted to welcome Dr Niamh Connolly (University College London) next Thursday, 30 March 2017, at 2:00pm, in the Trinity Research in Social Sciences (TRiSS) Seminar Room, 6th floor, Arts Building, TCD (map), to give a paper on


The Future of Restitution in Ireland.

All are welcome, particularly those with a research interest in private law, unjust enrichment and restitution. This event is open to the public and free of charge. If you would like to attend, please register on Eventbrite.

Niamh Connolly (via UCL website)Dr Niamh Connolly (pictured right) is a lecturer at University College London, where she moved from Trinity College Dublin in 2016. Her principal research and teaching interest is in unjust enrichment law. She is interested in how Irish private law compares to that of England and Wales, and in differences in legal culture that affect the substantive law in these jurisdictions. Her paper will seek to interpret the sparse Irish case law on unjust enrichment in light of this wider question about the specificity of Irish law. In particular, Niamh will ask whether Irish legal culture is less formalist than that of England and Wales, and if so, how that affects Irish restitution law. Niamh hopes that the seminar will provide an opportunity to hear the views of other Irish jurists as to the possible distinctiveness of Irish judicial approaches in private law.

The Private Law Discussion Group is a Research Group in the School of Law, Trinity College Dublin, which invites collaboration and engagement nationally and internationally on private law, including property law, tort, contract, restitution, and unjust enrichment.

The Right to be Forgotten – is it time to teach the world to sing in perfect harmony?

ISEL logo, via ISEL websiteThe Irish Society for European Law will hold an Update on Data Protection, next Thursday, 23 March 2017, at 6:30pm in the Ormond Meeting Rooms, 31-36 Ormond Quay Upper, Dublin 7.

The event will be chaired by the Hon Ms Justice Mary Finlay Geoghegan, Judge of the Court of Appeal; and the speakers will be Bruno Gencarelli (Head of the Data Flows & Protection Unit, DG Justice & Consumers, European Commission), Andreas Carney (Partner, Matheson), Emily Gibson BL (Law Library, Dublin), and me.

The event is open to all and is free of charge to ISEL members (there is a €30 charge for non-ISEL members, payable on arrival). Places are limited and will be allocated on a first come, first served basis. Please register for the event at www.isel.ie. 1.5 CPD points are available for this event.

Harmony, via Wikipedia (detail)The title of my talk is: The Right to be Forgotten – is it time to teach the world to sing in perfect harmony? I will consider whether delinking in support of the right to be forgotten [R2bF] ought to have worldwide effect. My talk will be in three brief parts. The first part will consider CJEU R2bF caselaw and member-state developments on the question whether an R2bF delinking derived from EU law should be effective worldwide or just inside the EU. Against this backdrop, the second part of the talk will argue that the Circuit Court decision Savage v Data Protection Commissioner & Google (Circuit Court, unreported, 11 October 2016, Sheahan J; pdf via DPC) mis-applied the R2bF. Third, combining the first and second parts, the final part of the talk will consider the proceedings in Google v Equustek Solutions (hearing 5 December 2016; webcast), in which the Supreme Court of Canada was invited to uphold an injunction (2015 BCCA 265) that an R2bF delinking derived from Canadian common law and constitutional considerations should be effective worldwide.

Daniel O’Connell and Free Speech: “speaking bold truths boldly and firmly”


O'Connell's home at Derrynane

A fascinating post on Daniel O’Connell and free speech was published on the excellent Irish Philosophy website last Monday, in honour of Daniel O’Connell‘s birth on 6 August 1775, near Cahirciveen, Co. Kerry; here’s an extract (emphasis added):

Given his political philosophy, it is not surprising that Daniel O’Connell was a champion of free speech. … [At] the Monster Meetings of the 1840s, … huge crowds gathered to hear O’Connell speak. … Though the meetings were orderly, the government grew worried trouble would break out. Sir Robert Peel outlawed the next Monster Meeting, planned for Clontarf on 8 October 1843. Though O’Connell called off the rally, he was still arrested and charged with conspiracy.

O’Connell spoke in his own defense, pointing out the “conspiracy” was neither secret nor criminal, arguing that calling such a movement as his a conspiracy would prevent improvement of any institutions …

Do not attempt to take away from your fellow subjects the legitimate mode of effecting useful purposes by public meetings, public canvassing — speaking bold truths boldly and firmly.

O’Connell was found guilty … The verdict was appealed to the House of Lords, reversed, and O’Connell left prison after three months, a hero in the fight for freedom of speech.

On the trial, see Report of the Irish State Trials, 1844 (Google Books).

On the appeal, see O’Connell v R (1844) 11 Cl & Fin 155, (1844) 8 ER 1061, [1844] EngR 880 (9 September 1844) (pdf); and see also the House of Lords Frees Daniel O’Connell on Myles Dungan’s blog.

On O’Connell generally, see Patrick Geoghegan King Dan: The rise of Daniel O’Connell, 1775-1829 (Gill and Macmillan, Dublin, 2008 | Amazon) and Liberator: The life and death of Daniel O’Connell, 1830-1847 (Gill and Macmillan, Dublin, 2010 | Amazon).

Implications of Brexit, North and South

Ire,UK,EuThe Irish Council for Civil Liberties (ICCL) seminar on the Constitutional and Human Rights Implications of BREXIT, North and South this evening at 5:00pm in the Distillery Building, Church Street, Dublin 7 (map via here). It’s something I’ve blogged about here, here, here and here. Since then, the UK Supreme Court has handed down its judgment in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 (24 January 2017). I wrote an OpEd on the case in the Irish Times the following day. (more…)

Oh no, not again – another heckler’s veto in Trinity

TCD Campanile, via WikipediaThe following headlines have caught my eye:

After Protest, Society for International Affairs Cancel Event with Israeli Ambassador (from the University Times)

and

Trinity College Dublin event involving Israeli ambassador cancelled (from the Irish Times)

Update (21 Feb 2017): Planned talk by Israeli Ambassador at Trinity College is cancelled after protests (from theJournal.ie)

I don’t have time to write a considered post about this right now, but I could not let it pass unremarked, so I will content myself for the time being with noting: oh no, not again.

Update (23 Feb 2017): The protest and cancellation garnered headlines in Israel (Algemeiner | Jerusalem Post | Jewish Press | Times of Israel here and here) and further afield (Yahoo! news – even Breibart, with typical hyperbolic misrepresentation)

The University Times updated their piece and headline: After Event with Israeli Ambassador Cancelled, Trinity Criticises “Unacceptable Attack on Free Speech”; the Irish Times ran a follow up: Trinity condemns ‘unacceptable attack’ on free speech; and the Hearld also ran a story: Anti-Israel protest is ‘antithesis of what Trinity stands for’. These pieces refer to a statement from the Provost:

Trinity College Dublin regrets attack on free speech

Dublin, Tuesday February 21st 2017 – Trinity College Dublin regrets that Israel’s ambassador to Ireland, HE Ze’ev Boker, was unable to take part in a question and answer session on Monday evening after protesters from inside and outside the university threatened to disrupt the event. The university regards what happened as an unacceptable attack on free speech.

Ambassador Boker had been due to address a student society on Monday but the event was cancelled before he arrived at the proposed venue amid security concerns. University officials had unsuccessfully tried to get the protesters to leave an area surrounding the door to a lecture theatre. The ambassador has been a regular and welcome visitor to Trinity since his appointment. He had dinner in the university earlier in the same evening and attended another event in Trinity last week.

Trinity’s Provost Patrick Prendergast criticised the protesters for preventing a guest from expressing his opinions. “This was most unfortunate and represents the antithesis of what Trinity stands for. Universities should be able to facilitate the exchange of ideas. The protesters have violated that fundamental belief. Trinity will remain a home for debate and we will do everything possible to make sure that efforts to suppress the free exchange of ideas do not succeed. I look forward to welcoming Ambassador Boker back to Trinity to speak again in the near future.

Hear! Hear!

Update (6 April 2017): from Trinity News:

Students for Justice in Palestine fined for protest at Israeli ambassador talk

College has also refused to accept a petition on behalf of the group

Students for Justice in Palestine (SJP) have been fined €150 following their protest of a talk, organised by the Society for International Affairs (SoFIA), given by the Israeli ambassador to Ireland. …

Free Speech University Rankings

Spiked FSUR

I have written on this blog in the past about university free speech rankings in the UK and the US. The online current affairs magazine, spiked, has published its third annual Free Speech University Rankings (FSUR) of the UK’s universities (THE | The Tab | The Times here and here):

… it paints a grim picture. Our survey, ranking 115 UK universities using our traffic-light system, shows that 63.5 per cent of universities now actively censor speech, and 30.5 per cent stifle speech through excessive regulation. This marks a steady rise in censorship over the past three years. Now only six per cent of UK universities are truly free, open places.

Tom Slate, Deputy Editor of spiked, and co-ordinator of the survey, comments:

For anyone who’s been anywhere near a campus recently, this will come as no surprise. Students’ unions no longer just No Platform the odd edgy speaker – they ban ‘tarts and vicars’ parties and ‘offensive hand gestures’. But what’s perhaps most striking in this year’s findings is how fast universities are catching up. Though SUs are still far more censorious than universities, 23.5 per cent of university administrations are now ranked Red, compared with 15 per cent just last year.

The Foundation for Individual Rights in Education (FIRE) maintain an equivalent survey of US universities; and the Institute of Public ­Affairs do the same in Australia. These assessments are not the only sources of such dispiriting information. Direct surveys of students on campus in the US (pdf) and the UK (pdf) found that, while students support free speech in principle, many are willing to entertain significant restrictions. In any event, and whatever about Trinity’s return to the Times Higher Education‘s World University Rankings, in my view a green light on these free speech rankings would be a university ranking worthy of the name. If any benefactor out there wants to support similar research for higher education institutions in Ireland, I would be happy to co-ordinate it. Roll up; roll up!

Litigating against Mass Surveillance in the US

ACLUThere will be a public lecture by Ashley Gorski on

Litigating against Mass Surveillance in the US – The National Security Project at the American Civil Liberties Union

in the Swift Lecture Theatre, Room 2041A Arts Block, Trinity College Dublin (map here), next Friday 10 February 2017 from 6:00pm to 7:00pm. All are welcome to attend, and booking is not required.

The American Civil Liberties Union (ACLU) was founded in 1920 to defend and preserve the individual rights and liberties guaranteed by the Constitution and laws of the United States. Whether it’s achieving full equality for LGBT people, establishing new privacy protections for our digital age of widespread government surveillance, ending mass incarceration, or preserving the right to vote or the right to have an abortion, the ACLU takes up the toughest civil liberties cases and issues to defend all people from government abuse and overreach.

The ACLU National Security Project advocates for national security policies that are consistent with the Constitution, the rule of law, and fundamental human rights. The project litigates cases relating to detention, torture, discrimination, surveillance, censorship, and secrecy. Originally created as an informal working group after the September 2001 attacks, the National Security Project is now at the forefront of virtually every major legal battle relating to national security, civil liberties, and human rights.

Ashley Gorski, via ACLUAshley Gorski (pictured, left) is a staff attorney at the National Security Project, where she works on issues related to post-9/11 racial and religious discrimination, torture, detention, and religious freedom. She is a graduate of Yale College and Harvard Law School. Prior to joining the ACLU, she worked at a New York law firm and served as a law clerk to the Hon Jon O. Newman, United States circuit judge for the Second Circuit Court of Appeals, and to the Hon Miriam Goldman Cedarbaum, United States district judge for the Southern District of New York. She is in Dublin to give evidence, about Mass Surveillance in the US, in the case currently before the High Court between the Data Protection Commissioner and Facebook, about current rules by which data is shared between the EU to the US.

You can’t keep the proceeds of a bank error in your favour; and, if you do, you probably won’t be able to get out of jail free – updated

Get Out of Jail Free cardIn the board-game Monopoly, one of the cards that you can get by landing on ‘Chance’ is ‘Get out of jail free‘. If you are sent to jail during the game, you can use the card to ‘escape’ immediately, without having to cool your heels for the three turns otherwise mandated by the rules. It is as about a useful guide for life as the its fellow Monopoly ‘Community Chest’ card, which tells you that you can keep the proceeds of a bank error in your favour. Unfortunately, you can’t; and spending it is straightforward theft, as is well illustrated by a story in today’s Irish Independent:

Jail for ‘flabbergasted’ teen who succumbed to temptation after €20k was mistakenly lodged in his account

Karl Smith was due €200

A teenager who had “an incredible temptation presented to him” two days after his 19th birthday when his former employer mistakenly lodged almost €20,000 into account has been jailed for theft. …

Judge Melanie Greally sentenced Smith to four years in prison with the final two years suspended.

There is more on this case here, here, here and here. This is not the only time this kind of thing has happened, though it certainly seems to be the most unlucky defendant. (more…)