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Expert witness issues – June update

UK Post Office prosecutions – a failure of disclosure. Recently, one of the largest miscarriages of justice in UK history came to a head when about 40 convictions were set aside of people accused of misappropriating money from their employer – the UK P …

Mark Tottenham BL | June 4, 2021

Remote swearing of affidavits

As a result of COVID-19 many industries and professions have had to rethink the manner in which they conduct their business; the legal profession are no different. Lawyers have had to adapt how they traditionally carry out their activities, including t …

Priscilla McAlister | June 1, 2021
Remote Swearing of Affadavits

Remote hearings: the highlights

Remote hearings have provided endless entertainment during the past year. The world’s legal profession, notoriously lacking in tech savvy, were pushed into a new system of online hearings without any time to adjust. The result: pure comedic gold. As we …

Gemma McLoughlin Burke | May 19, 2021
Remote Hearings - Highlights

Defamation through the ages

Defamation cases are often premised on strange and unusual facts. In the recent case of Parcel Connect Ltd t/a Fastway Couriers and A&G Couriers Ltd v Twitter International Company [2020] IEHC 279 for example, unknown individuals had created a fake …

Gemma McLoughlin Burke | April 22, 2021

Truly independent guidance from expert witnesses

[This article was originally published in Law Ireland in March 2019] It may normally be assumed that a professional will aim to comply with the duties of his or her profession. Standards are set down in almost every field, and it is reasonable to suppo …

Mark Tottenham | April 11, 2021

False and misleading evidence in personal injuries claims

[This article was originally published in Law Ireland in February 2019] Recent news stories suggest that there has been an increase in fraudulent personal injuries claims. In May 2018, RTE reported that the insurance company Aviva had collected data th …

Mark Tottenham | April 11, 2021

Developments in the law relating to ‘subject to contract’ correspondence

[This article was originally published in Law Ireland in January 2019] In property negotiations, it is usual practice for the solicitors on either side to mark the correspondence ‘subject to contract / contract denied’, and to end each letter with a fo …

Mark Tottenham | April 11, 2021
Subject to Contract Correspondence

Anonymisation of personal data in written judgments

[This article was originally published in Law Ireland in December 2018] It is common in written judgments concerning assessment of damages in personal injuries cases for the judge to describe in some detail the ailments that the plaintiff is suffering …

Mark Tottenham | April 7, 2021
Anonymisation of personal data in written judgments

Citation of ‘free access’ case law – an Australian perspective

[This article, by Jenny Paglia, was originally published in Law Ireland in December 2018] In Australian courts there is a longstanding convention (articulated by practice direction or rule in most jurisdictions) that the authorised report of a judgment …

Mark Tottenham | April 7, 2021
free access case law

Fake Case Law

[Originally published in Law Ireland, March 2019] As April 1st approaches, it is easy to be nostalgic for the days of the annual fake news story. Each newspaper, and many television shows, used to have a fake news story on April Fools Day, written in s …

Mark Tottenham | April 1, 2021
Fake Case Law