Search results for ""Clarus Press Ltd""

The Criminal Assets Bureau (CAB) was established in Ireland during a time of crisis to target specific aspects of criminality. Since its establishment, some 25 years ago, it has become a key part of the Irish criminal justice system. The CAB has a unique structure and approach, with legislative options operating in the civil domain and results achieved in denying criminality the proceeds of crime. There has been widespread acceptance of this radical new model of criminal justice, much of which can be attributed to denying criminality the proceeds of their criminal activity. Criminal Assets Bureau: Law and Practice considers each of those factors by offering a comprehensive policy and procedure based analysis of the background development of the structures underpinning CAB. It goes on to consider the legal framework of CAB, its operational boundaries established through case law and its multi-agency nature. It is this bringing together of multiple agencies into a single multi-agency structure to deploy powers of forfeiture, revenue and social welfare against targeted individuals that is key to its operational prowess.

Read more less

It is a peer-reviewed legal journal, publishing articles that consider major themes in the work of the Court and its leading cases in the previous legal year. Articles are drawn from papers presented at the annual Conference of the Irish Supreme Court Review, including keynote contributions reflecting on the role of the Supreme Court, especially as it debates matters with other international and apex courts. The Irish Supreme Court Review is published by Clarus Press on behalf of the School of Law, Trinity College, Dublin.

Read more less

The 7th edition of the German Legal System and Legal Language has undergone substantial revision throughout and there has been much amendment and reorganization since publication of the 6th edition. Among the many changes in the 7th edition are the following: • New two-volume format; • Three new chapters: (i) family law and law of succession (ii) procedure in family matters and (iii) international law, domestic law and foreign relations; • Focus on fundamental constitutional concepts, with new exposés on the arrangement of law in codes, features of the German state, law and its relation to the state and the structure of government in the UK;• New exposé on the constitutional right of general freedom of action and the general right of personality; • Discussion of the character of rules of law; • In the chapter on the Civil Code (BGB), new exposés on topics such as; § the principle of good faith; § the object, place and time of performance; § the concept of “loss”; § assignment; § contracts of sale; § contracts for services; § transaction of other people´s affairs without prior authority; § contracts of surety; § tort; § the different types of possession; and § the protection of possession and ownership • Clearer explanation of essential terminology used in German commercial law; • The different types of mercantile agent and the pitfalls of a general power of attorney • “Silent” partnerships; • New exposé on the commissioner; • New exposé on the duty of loyalty between members of a company; • New exposés on establishment of the facts and the burden of proof in civil proceedings; • The German rules regarding arbitration; • New exposé on immediate protective measures in administrative law; • Judicial review of administrative action and enforcement of administrative acts; • Overview of attempt, self-defence and capacity in criminal law; • New exposé on arrest warrants and investigative custody; • Consideration of the fair trial principle and the evidence stage in criminal proceedings • Discussion of shipping documents (bills of lading) and methods of payment (letters of credit) in international trade; • Expanded chapter on private international law, with a new exposé on selection of legal venue.

Read more less

This area of practice requires consideration of topics across both substantive and procedural law. The topics addressed include injunctions required to preserve assets and prevent undue dissipation by parties facing claims, orders seeking to trace misappropriated property, applications to set aside fraudulent transfers of property, orders for the disclosure of assets and transfers, shareholder protection and fraud, remedies for reckless or fraudulent trading, multi-jurisdiction issues facing litigants in this area and various common law and equitable remedies to set aside fraudulent payments and transfers.

Read more less

Veterinary Law and Practice in Ireland examines current legislation and case law and how it reflects on veterinary practice and its operation. Legal issues such as employment law, contract law, professional negligence and duty of care are examined. Animal health, welfare practice, ethical considerations, adherence to good governance and mental health and well-being issues are all given consideration.

Read more less

This book addresses a wide range of topics including: negligence; decision-making; confidentiality; the role of the nurse prescriber; the regulation of reproduction; end-oflife issues; and the contract of employment. The author draws on case law, legislation, human rights instruments, and professional standards in order to provide a holistic and detailed analysis of the topics.

Read more less

This second edition of Trade Marks Law provides a comprehensive examination of the law in Ireland, including analysis of all significant Superior Court and Patents Office jurisprudence. Principal case law from the UK, the Court of Justice, and the General Court are also included. The book is fully updated and includes: a new chapter on practice and procedure * a specific chapter dealing with defenses to trade mark infringement and passing off * an analysis of proposed reforms under the revised Harmonization Directive and Regulation * an expanded chapter on passing off, with analysis of recent Irish case law concerning extended passing off, personality rights, and the geographical extent of goodwill * comprehensive analysis of Patents Office decisions under the Trade Marks Act 1996 * recent developments in comparative advertising. [Subject: Irish Law, Trade Mark Law, Commercial Law]

Read more less

The European Arrest Warrant in Ireland examines in detail, the practice and procedure surrounding the European arrest warrant and its application in Ireland. Surrender under the European Arrest Warrant Act, 2003 has replaced extradition under Parts II and III of the Extradition Act, 1965 as the principal mode of extradition in Europe. The 2003 Act has been operational since 2004 and there are now in excess of 100 written decisions in relation to its operation. In the last number of months a significant number of decisions have finally made there way to the Supreme Court as a result of which many issues can now be regarded as reasonably well settled law for the first time. In addition there have been a number of recent decisions from the European Court of Justice in relation to the manner in which the Framework Decision ought to be approached by domestic courts in construing domestic legislation. The number of applications under the 2003 Act has roughly doubled each year for the last three years and is likely to continue to increase as EU Member States attempt to implement the new procedures in place. This book will be an essential resource for all lawyers dealing with European Arrest Warrants.

Read more less

Law and Practice: Essays on Reform is a new publication from the Law Society of Ireland and Clarus Press and edited by two of Ireland's leading legal minds and commentators, Geoffrey Shannon and Eoin O'Dell. Thirty-four award winning essays, spanning the last five years are presented, for the first time, in this publication. Each essay critically examines a specific area of law, details the law as it stands today, questions its purpose and effectiveness and then examines proposal for change and recommendations for reform. Spanning an array of legal subject areas, each piece is extensively researched and referenced. Law and Practice: Essays on Reform will undoubtedly add to the debate and literature available to Irish legal thinking

Read more less

Established author Anthony Thuillier, barrister-at-law, has teamed up with Catherine MacDaid, barrister-at-law, to pen a new book designed specifically for students of business law, entitled Business Law in Ireland and part of the successful 'Core d104 Series'. The unique and engaging writing style employed by the authors and their ability to simplify and explain complex legal topics such as tort, contract and company law, make the subject matter both accessible and interesting. Divided into six general parts, with 25 chapters, this book commences with an introduction to the law, designed for primarily for those who are new to the subject. Thereafter, each part explores the major requisite themes concerning business law, including the Company and Commercial Law, Employment Law, Law of Tort, the Law of Contract and European Union Law.

Read more less

Entertainment and Media Law in Ireland is the first textbook of its kind in Ireland collating a wealth of domestic and international legal sources which impact the sector. It addresses the myriad practical considerations when developing, producing and commercially exploiting content. Creative practitioners and business/legal advisors alike are equipped with a series of signposts in the form of best practice procedures as summarised from a hands-on, practical perspective. The work is presented in straightforward language for market entrants while simultaneously citing legislation, EU/international law and case law precedent from Ireland and a number of other common law jurisdictions for the benefit of its more industry-experienced audience. With 36 chapters divided into six parts, this body of work covers an extensive range of topics from business set-up and risk mitigation to effecting policies of production and professional indemnity insurance. It explores copyright, performer rights and moral rights, funding and distribution of films and television output, legal clearances, data protection and privacy, life rights, trademarks, music law and the regulation of audiovisual content, together with the legal and ethical issues affecting present-day journalism and broadcasting.

Read more less

Gibbons on Trade Marks Law, Third Edition, is fully updated and includes: • Full analysis of the statutory position in Ireland concerning the opposition, registration, invalidity and revocation of trade marks; • A detailed consideration of the jurisprudence concerning online trade mark disputes including website targeting; • The impact of the Supreme Court Merck judgment on interlocutory trade mark injunctions; • The position of unorthodox trade marks in relation to registration and invalidity; • A review of the remedies available including the position of damages and declaratory relief; • Comprehensive analysis of IPOI decisions under the Trade Marks Act 1996; • Recent developments in passing off and comparative advertising.

Read more less

Employment law is a rapidly expanding and increasingly important aspect of Irish legal practice. Significantly influenced and informed by developments at European Union level and by various Constitutional imperatives, it is composed not only of a complex body of legislation and case law, but also of determinations from specialist tribunals such as the Workplace Relations Commission and the Labour Court. This edition is fully updated with recent developments in case law and statutory developments including the Workplace Relations Act 2015, the Protection of Employees (Temporary Agency Work) Act 2012, the Protected Disclosures Act 2014, the Paternity Leave & Benefit Act 2016, the Equality Act (Miscellaneous Provisions) Act 2015, for example. This updated edition also includes a new chapter on protected disclosures i.e. whistle-blower protection and a new chapter on practice and procedure. In this book the authors draw together the various strands and sources of employment law as it applies in Ireland into a coherent framework. All aspects of employment law are considered, ranging from the legal concerns that apply before an employment contract is signed, to the various entitlements and obligations of employer and employee while the contract is ongoing, to the relevant legal framework governing the circumstances in which an employment relationship is terminated.

Read more less

The role of EU law and policy has become a subject of significant interest for those working or studying in criminal law and justice. The pace of European developments and their impact within the Irish legal system has increased demand for research and analysis on a wide range of topics including the European Arrest Warrant, mutual legal assistance, police access to mobile phone data, suspects’ rights, pre-trial supervision and the confiscation of assets. This book is designed to introduce readers to law and policy in EU criminal law and to provide detailed analysis of key areas that are pertinent to legal practice. The implications of Brexit on police and criminal justice cooperation forms a particular focus

Read more less

Volume 2 of The German Legal System and Legal Language supplements Volume 1 and contains various Appendices of ancillary materials. It “offers for non-native speakers a rich source of information on how to translate German legal terms into English” (Dr Viola Heutger). Appendix A (the vocabulary), in particular, has been substantially expanded, revised and updated since publication of the last edition of the book in 2015. It contains definitions and explanations in English of innumerable German and Latin words and phrases referred to in Volume 1. Along with Volume 1 and the other Appendices, English-speaking readers are thereby provided with the necessary “tool box” for a better understanding of German legal concepts and rules.

Read more less

European Union Treaties and related secondary legislation provides students and practitioners with an easy to use and accessible version of the Treaties of the European Union and secondary legislation. The text has been carefully designed for students sitting examinations in EU law and to enable quick and easy access to provisions of the TEU, TFEU and other secondary legal instruments.As well as a consolidated version of the Treaties, the text also contains access to the key Directives and Regulations relating to competition law, the free movement of goods, EU Citizenship, anti discrimination law and many other areas of EU law. This text has been approved by the Law Society of Ireland for use in the FE-1 examination.

Read more less

The book deals with all of the legal and practical issues around the ownership and control of the common areas of a Multi-Unit Development which may comprise apartment blocks, housing estates, commercial estates and/or mixed-use developments. The Property Services Regulatory Authority is examined as is some fundamental and relevant provisions of the new Companies Act 2014 which apply all Owners’ Management Companies in Ireland today. The myriad of issues which abound landlord and tenant law in the residential context are also covered in the book. As the subject of the Owners’ Management Company traverses Land Law, Housing Law and Company Law, this book will be of great interest to students and anyone wishing to learn more about practicing in the property services sector.

Read more less

Originally based on the Criminal Law Update conference held annually in Trinity College, the revamped Criminal Law and Practice Review includes article versions of the papers presented at the conference, along with new articles and notes on recent developments in substantive and procedural criminal law.

Read more less

The introduction of the Arbitration Act 2010 radically changed arbitration law and practice in Ireland. Now in its 2nd ed, this book provides a detailed and concise section-by-section commentary on the Arbitration Act 2010 and the UNCITRAL Model Law to include a discussion on all recent Irish arbitration case-law.

Read more less

The Modern Family: Relationships and the Law explains in a concise and clear fashion the law as it relates to 'the family' and the relationship between its different members.

Read more less

This is the first book to cover Ireland's new Court of Appeal. This book explains the background to setting up the court, the procedures of the new court, including issues such as grounds for 'leapfrog' appeals from the High Court. The book also contains useful forms, precedents and other practical materials.

Read more less

Housing Law, Rights and Policy is the definitive work on housing law in Ireland. This book provides the first comprehensive reference and critique of the legal and policy elements of the housing system in Ireland. Housing Law, Rights and Policy contains all relevant and up-to-date legislation, housing related case-law, government and other policy reports and human rights decisions. This book analyses the housing elements of the Land and Convincing Law Reform Act 2009, Housing (Miscellaneous Provisions) Act 2009 and Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. It also evaluates contemporary State housing policy reports based on the NESC "vision of society" documents, containing such nebulous concepts as "social inclusion " and the more cosmetic "sustainable communities." The book examines key areas of housing in terms of law, rights and policy. These include the development of, and perspectives on, Irish housing, housing needs of older people, people with disabilities and homeless people, Irish State housing finance, private mortgages, housing rights, planning, housing standards and building regulations, local authority housing, private rented housing, apartments, multi-unit developments and estates, housing associations and co-operatives, rural housing and EU law and housing. Housing Law, Rights and Policy traverses beyond traditional black-letter law, placing relevant legislation and case-law within the contemporary contextual background where it can be fully explained and understood. This book will be considered as the leading authority on housing in Ireland. It will be an essential reference for all practising lawyers who work in the housing related area, including all local authority lawyers. This work will also be of great interest to law-makers and public officials at national and local level, as well as academics and students, policy-makers and social policy analysts. It provides vital information for housing and housing related professionals, such as planners, housing managers, estate agents, architects, engineers, surveyors and others.

Read more less

Money Laundering and Terrorist Financing Act 2010: Annotated is a detailed and expert annotation of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. The Act implements the Third Money Laundering Directive in Ireland. It replaces the Criminal Justice Act 1994 as the legislative centrepiece of Ireland's anti-money laundering and anti-terrorist financing regime. This annotated version of the new Act considers the: * Risk-based customer due diligence (or "CDD") requirements that the Act introduces * New provisions concerning politically exposed persons. * Reporting requirements arising under the Act. * Offence of "tipping off". * Provisions for the monitoring of designated persons by competent authorities. * Authorisation of trust or company service providers. * Approval of guidelines by the Minister for Justice and Law Reform. * Registration of persons directing private members' clubs at which gambling activities are carried on. * "Whistle-blowing" or "good faith reporting" provision made in the Act. This book also seeks to set the Act in its historical and wider legal context, making reference to international and European measures, most particularly the Third Money Laundering Directive, where appropriate. In addition the text identifies and briefly considers all the secondary legislation that has, at the time of writing, been made pursuant to the Act.

Read more less

"Public Works Contract for Civil Engineering Works Designed by the Employer" is the second book in the "Explained" series and gives an explanation to the new Public Works Contracts of 2007. This book deals with the Civil Engineering Works contracts and is specifically tailored to meet the needs of that profession. Based on the "Public Works Contract for Building Works Designed by the Employer" this book explains each contract clause in a clear and easy to understand manner to allow the reader to develop an insight into how these contracts will operate. This book also includes sample documents including notices and letters which will add to the readers' understanding of the strict and critical administrative procedures demanded by these contracts. This book is based on the "Public Works Contract for Civil Engineering Works Designed by the Employer and the Model Forms" issued by the Department of Finance on 15th August 2007.

Read more less

This unique work examines themes of human rights, constitutionalism and the role of the judiciary from an Irish and Tanzanian perspective. Several of Ireland's greatest legal minds have come together with their colleagues in Tanzania to produce this work, which examines a range of issues including constitutional rights, women and the law, gender and the law, minority rights, property rights, judicial review, procedure, electoral law, Tribunals of inquiry, environmental protection, media freedom, freedom of expression, judicial independence, judicial activism and the right to a fair trial.

Read more less

In the last 50 years, Irish family law and Irish social attitudes towards the family have changed beyond recognition. Although the constitutional idea of the family is still based on marriage, family law now embraces and provides for a diversity of family forms. With the introduction of divorce Ireland has moved from a system which attached shame to the breakdown of marriage to one that provides for the reality of modern family life. Contemporary law now centres around the rights of children and promotes a child-focused approach to dispute resolution. Family Law in Context provides a comprehensive yet accessible foundational text supporting students and lecturers in meeting the learning outcomes of child and family law modules across universities and colleges in Ireland. Family Law in Context goes beyond an exposition of the law, engaging with debates on the nature of family law and law's impact on the forms of family life it seeks to regulate. In doing so it supports students in thinking critically about family law in Ireland.

Read more less