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How did the Central Bank’s enforcement regime go from “walk softly and carry no stick” to “walk softly but carry a big stick”: Part 2

Introduction  The enforcement regime was completely overhauled after the financial crisis due to the recognition that although sufficient tools existed to enforce principles-based regulation, the reluctance to use those tools led to financial instituti …

Lawrence Morris BL | October 20, 2022

How did the Central Bank’s enforcement regime go from “walk softly and carry no stick” to “walk softly but carry a big stick”: Part 1

Introduction In light of a series of very successful enforcement actions, most notably the staggering €100,520,000.00 fine imposed against the Governor and Company of the Bank of Ireland on 29 September 2022, it is worth considering how did we get to t …

Lawrence Morris BL | October 20, 2022

The Fifth Court podcast – interview with Simon Mills SC

In the new episode of the Fifth Court Podcast, Simon Mills SC discusses his transition from medical doctor to barrister, some current issues in medical negligence, and the challenges of defending professionals subject to regulatory action. He also reco …

Decisis | October 17, 2022

The Fifth Court podcast – interview with Karyn Harty of Dentons

In Episode 2 of The Fifth Court podcast, Karyn Harty speaks about her move to Dentons, the world’s largest law firm, which has opened a Dublin office. She also talks about the ‘Ireland for Law’ initiative, and the need to diversify law firms. The podca …

Mark Tottenham | October 11, 2022

The Fifth Court podcast – interview with Mr Justice Gerard Hogan

A new podcast, The Fifth Court, has been launched, to cover Irish legal issues. Presented by Peter Leonard BL and Mark Tottenham BL (editor of Decisis), the guest for the first episode is Mr Justice Gerard Hogan of the Supreme Court of Ireland. October …

Decisis | October 4, 2022

Should expert witnesses have a right of reply from findings of judges?

(This article was originally published in the  Expert Witness Journal, (UK) April 2021) Expert evidence has increasingly been under the spotlight in case law over the past ten years. The courts are rightly concerned to uphold the best evidential standa …

Mark Tottenham BL | June 5, 2022

End of court presenter system will cause disruption to prosecutions in the District Court

In criminal prosecutions, the District Court has a longstanding system of court presenters, in which an officer of An Garda Síochána not directly involved in the case has a right of audience and can present the facts of the case where the defendant has …

Heather Furlong BL | June 2, 2022

Invoking ‘Universal Jurisdiction’ for the prosecution of Crimes Against Humanity

Introduction In January of this year, a German court found Anwar Raslan guilty of crimes against humanity.  Raslan ran an infamous detention centre close to Damascus, Syria’s capital.  This was a landmark trial for several reasons.  The Court saw and h …

Louis Golden BL | March 10, 2022

The Irish Family Courts in the Context of ‘Proper Provision’ – Judicial Latitude, or Judicial Law Making?

Introduction ‘The proper rule of the judiciary is one of interpreting and applying the law, not making it.’ Not only are the above words of Justice Sandra Day-O’Conner, former Associate Justice of the US Supreme Court, an axiomatic aspect of legality, …

Daniel DeRenda BL | March 3, 2022

Memorable Opening and Closing Paragraphs of Irish judgments: Part 2

Introduction Part 1 of this article (found here) provided a flavour of the many memorable opening and closing paragraphs of Irish judgments. The aim of Part 2 is to continue sharing these judgments, which are steeped in Irish legal history and many of …

Lawrence Morris BL | February 18, 2022