Search results for ""clarus press ltd""

The articles address the key areas of legal controversy that exist in the ongoing defining of the parameters of medical negligence litigation in Ireland. Each article is presented as a response to a specific question which defines the issue that is being further clarified or has been recently resolved. These issues include: • the revised definition of the standard of care in medical negligence litigation; • the emerging understanding of a cause of action based upon informed consent; • the existence of a cause of action for nervous shock of a relative of someone who has received negligent medical care; • the existence of a cause of action for wrongful birth; • the status of blind reviews, hindsight bias and intra-observer variability in the analysis of evidence; • the test for causation as a ‘but for’ test and/or one of ‘material contribution’; • the effect of the resolution of a claim for damages upon a subsequent claim by a statutory dependant, after the death of the original claimant • the wider time limits for the institution of medical negligence proceedings; • the tolerance of issuing proceedings but not serving them in medical negligence litigation; • the effects of the statutory duty of disclosure upon the defence of medical negligence litigation; • the implications of mediation for the defence of a medical negligence action; • the constitutionality of the Personal Injuries Guidelines of the Judicial Council in so far as they establish a statutory cap upon general damages; This volume is also written as a festschrift in honour of Mr Justice Kevin Cross to mark his unique contribution to the development of the law, together with his facilitation of the hearing of cases, in this area for many years prior to his retirement as a Judge of the High Court in 2021.

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The articles address the key areas of legal controversy that exist in the ongoing defining of the parameters of medical negligence litigation in Ireland. Each article is presented as a response to a specific question which defines the issue that is being further clarified or has been recently resolved. These issues include: • the revised definition of the standard of care in medical negligence litigation; • the emerging understanding of a cause of action based upon informed consent; • the existence of a cause of action for nervous shock of a relative of someone who has received negligent medical care; • the existence of a cause of action for wrongful birth; • the status of blind reviews, hindsight bias and intra-observer variability in the analysis of evidence; • the test for causation as a ‘but for’ test and/or one of ‘material contribution’; • the effect of the resolution of a claim for damages upon a subsequent claim by a statutory dependant, after the death of the original claimant • the wider time limits for the institution of medical negligence proceedings; • the tolerance of issuing proceedings but not serving them in medical negligence litigation; • the effects of the statutory duty of disclosure upon the defence of medical negligence litigation; • the implications of mediation for the defence of a medical negligence action; • the constitutionality of the Personal Injuries Guidelines of the Judicial Council in so far as they establish a statutory cap upon general damages; This volume is also written as a festschrift in honour of Mr Justice Kevin Cross to mark his unique contribution to the development of the law, together with his facilitation of the hearing of cases, in this area for many years prior to his retirement as a Judge of the High Court in 2021.

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Legal Research and Writing Skills in Ireland offers an easy-to-use and accessible guide on the core legal skills of research and writing. While Legal Research and Writing Skills in Ireland is specifically tailored to developing these skills in an Irish context, much of the information included in this book will be of value to a reader outside of Ireland as well. Using worked examples and practical tips, this book guides the reader through the stages of undertaking a piece of legal writing. It does this in three parts. Part I condenses and clarifies the research process by discussing research planning and how to find sources of legal information. Part II delves into the writing process and offers advice and tips on good writing generally and effective legal writing specifically. It also includes guidance on how to cite your sources. Finally, Part III combines the skills discussed in Parts I and II and applies these to practical situations in which legal research and writing will be relevant. In doing so it discusses, and provides practical tips on, how to plan and write a dissertation proposal, how to tackle a written assignment, the elements and structure of effective emails and letters, and the written portion of a presentation.

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The Universal Declaration of Human Rights at Seventy: A Review of Successes and Challenges celebrates the seventieth anniversary of the Declaration and provides an analysis of how it has contributed to the protection of human rights globally. It also identifies and discusses a number of the challenges to the realisation of rights set out in the instrument. The chapters, authored by academics and practitioners in the field of human rights, provide insights into the drafting of the UDHR, human rights activism, the rights protected by the instrument, as well as the relationship between the Declaration and other human rights protective mechanisms.

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Each manager of a department, or a specific responsibility, must assess the data issues and risks as are relevant to their individual department. The manager must assess what data exists; whether it is permitted for use; filter out (including deletion of) data that is over-broad or otherwise not permitted; and ensuring procedures to identify and eliminate processes that open up the risk of future unjustified data collections. While other agents of the company or organisation will have responsibilities in relation to data protection compliance, the manager of a department must also engage in best practices that focus on the data protection obligations of the department. Data protection compliance requires not just adherence to specific data protection legal provisions, but a full understanding of what data exists in the department, company or organisation, where it is located and for what purpose. The personnel manager needs to be satisfied that all of the internal personnel records are fully data protection complaint. Just one of the dangers is that these issues are not addressed in appropriate reviews, contracts and policies. Another risk gap is that there may be policies, etc., but the manager omitted to appropriately include other non full time employees, such as those whom may be contractors, temporary staff, interns, or family members. The marketing manager needs to be satisfied that all of the current and proposed marketing activities, customer lists, and user lists are all compliant with the new data protection rules. Organisations should have undergone an A – Z review of data protection compliance in the lead up to the new EU General Data Protection Regulation (GDPR) go-live date. In many organisations there will be many activities and actions which carried over from the GDPR review. These need to continue to be actioned. In addition, there is also a new Data Protection Act 2018 to consider. Organisations should also have appointed a new Data Protection Officer (DPO) to assist in these efforts and to be the official point of contact internally and externally (for data protection supervisory authorities and for customers and users). Critically, all Managers need to be aware of data protection compliance and related issues within their own Department. The Manager has duties and responsibilities. The Manager cannot simply assume that someone else will do it, or that all data protection issues for their Department are already being dealt with by the DPO or some other Department.

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International Protection Act 2015: Annotated is a new book that provides detailed annotations to each section of the International Protection Act 2015, which includes reference to case law and to relevant regulations and statutory provisions. This book also includes an analysis of the relevant practice and procedure throughout the International Protection application process and the relevant procedures in the Irish Courts.

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Provides a consolidated version of statute law relating to redundancy, dismissal and employee consultation in Ireland. All subsequent amendments of statutes have been incorporated and footnoted, so that the reader obtains a convenient, clear, easily accessible and reliable guide to Irish legislation in this field. Further, all statutory instruments adopted under legislation which are currently in force (and not obsolete) are referred to in footnotes. In addition, the full consolidated texts of any statutory instruments which it is felt will be of use to practictioners have been included. Where statutes in this volume implement European Community directives which are still in force, the consolidated text of the directive has also been included in this volume, directly after the domestic measure transposing it. "Consolidated Dismissal, Redundancy and Employee Consultation Legislation" is indexed in order to facilitate ease of access. It contains the full text of the recently-adopted Employees (Provision of Information and Consultation) Act, 2006.

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Improvements have been made through the increased use of support measures such as intermediaries and recorded testimony to facilitate the evidence of complainants. In addition, the courts have attempted to ensure that the most vulnerable defendants can participate more fully in criminal proceedings. However, confusing and complex legislation and practices are difficult to negotiate. This book sets out the issues in a practical and immediate manner aimed at assisting those involved in every aspect of criminal proceedings. The evidence of children, persons with an intellectual disability and complainants / witnesses involved in sexual or violent offences is facilitated through support measures such as video link, recorded testimony, intermediaries and screens. These measures are examined as well as recent case law and practices relating to procedural aspects affecting the most vulnerable witnesses in the criminal justice system. Whether for the practitioner, academic or non-profit organisation, this book will be of use in giving a practical overview and insight into the challenges and solutions relating to the vulnerable witnesses and defendants in Ireland today.

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Divided into two main parts, part one `Equity' outlines the history and development of equity as a body of law before delving into the application of the equitable remedies. Part two, `The Trust', examines the history and origin of the trust as an equitable remedy and charts its expansion. It examines the creation and validity of different types of trusts and their administration. In Principles of the Law of Equity and Trusts in Ireland the author draws on her experience in teaching this topic in both Ireland and England at undergraduate and post graduate levels to bring together a text which is intelligible and user friendly.

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The methodological approach and methods used in any particular research project are key to its success. In Legal Research Methods: Principles and Practicalities (Clarus Press, 2016), the contributors assessed the relative utility of a variety of methods and methodologies in the context of legal research generally. Taking a case studies approach, contributors to this text have written about the methods used in a particular piece of research, outlining the justification for the choice of that methodology; describing the methods used; detailing the advantages, disadvantages and challenges to the approach taken; discussing any ethical considerations that arose in the context of the research; reflecting on the approach taken; and concluding with advice to scholars engaging with similar methods or methodologies. Each chapter is structured in the same way in order to allow for ease of comparison between the approaches taken.

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Entertainment and Media Law in Ireland explains the typical issues which arise in the media and entertainment industry in Ireland to better equip the reader with a valuable working knowledge of the fundamentals. It seeks to serve the needs of time-pressed professionals working in this area by providing a helpful quick-reference guide. Entertainment and Media Law in Ireland can be viewed as a series of signposts in the form of best practice principles and is written from a practical and business perspective. It is presented in straightforward, non-specialist, jargon-free language while simultaneously citing legislation, EU law and common law for the benefit of its legal and more experienced audience. The chapters are kept as concise as practicable. With 30 chapters divided into four parts, this book covers a wide range of issues including: Media; General Entertainment; Film, Television and Radio Show Production; and Music Production and Performances. This book also discusses sample contract clauses and provides extracts from relevant agreements, where appropriate. Entertainment and Media Law in Ireland is the first book of its kind in Ireland collating a wealth of information sources to address the myriad of crucial business and legal considerations confronting creative practitioners and lawyers alike, from the `why' and `how' to obtain filming permits, to the hazards of court reporting and defamation for journalists and bloggers, to ensuring all production paperwork is in order to allow full, commercial exploitation of a music composition or film. It draws on the author's substantial legal experience as well as his deep appreciation and in-depth understanding of music, television, film and radio production. The book emerged from a prompt discovery of the dearth of authoritative sources available covering the subject issues and his yearning to provide a one-stop resource to redress this glaring deficiency.

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This new edition expands on and explains each contract clause in a clear and easy to understand manner to allow the reader to develop an insight into how these contracts operate.

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This book contains 16 chapters. Each chapter introduces the subject matter, the legislation, principles, criteria or prerequisites relevant to the subject matter, followed by reference to cases and the application of principles, criteria or prerequisites to the issues, and the findings of the courts.

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Criminal Definitions Press designed as a legal tool for Irish criminal law practitioners. The criminal law in Ireland is almost completely statutory based and sometime searching for an exact definition, a particular source or a point can be time consuming even with electronic resources. In the Criminal Law Code there are hundreds of definitions, some of which are particular to a section of an Act and some which are particular to the whole Act. The definitions by and large are not generic so a definition in one Act will not be applicable in another Act. The purpose of this book is to provide the practitioner with instant access to definitions, be it legal counsel in court who requires a definition "at the drop of a hat" or the solicitor in his office who is discussing a matter with a client needs to find a definition at the turn of a page. is a new work from Clarus Criminal Definitions friendly style which will make access and sourcing definitions in the Criminal Code easy and efficient. is set out in a simple, user

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Drawing on the authors’ extensive experience of working in the criminal justice and penal systems, this book presents a clear description and analysis of the stages and components of probation and parole work. Probation and parole are two vital components of any criminal justice system. Practitioners working in both are responsible for the assessment and supervision of those members of society who have committed criminal offences and are subject to court-ordered penal sanction. Those working in probation and parole must bring a range of knowledge and skills to bear in their daily work: championing community safety and justice, promoting offender reintegration, and seeking to reduce offending and the harm it causes. All of that practice is in turn underpinned by law. Professional practice in probation and parole is also increasingly informed by research findings regarding ‘what works’ and indeed ‘who works.'

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Areas addressed include: maternal deaths, deaths in psychiatric care, human rights and causation issues. Other topics covered are: practice and procedure in medical inquests, evidence, documentation and pandemics/Covid-19. Medical Inquests critically assesses the pace of change of the law on coroner’s inquests and examines the case for change. The work is eagerly awaited in an area of law which is topical and specialised, yet of great public interest. This book will appeal to all sitting coroners, as well as barristers, solicitors, law students, bereaved families and all those who must interact with the coroner’s service, following a patient’s death, including doctors, nurses and hospital managers.

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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.

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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.

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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.

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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.

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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.

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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.

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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]

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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.

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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

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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.

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Housing: Law and Practice focuses on the role of local authorities as housing providers under the Housing Acts and related legislation. This also book deals with a wide range of issues including: • social and affordable housing; • local authority powers of CPO in respect of their housing function; • housing authorities and the Traveller community; • human rights and constitutional law relating to housing, as well as the impact of the ECHR Act 2003 upon housing authorities; • issues of anti-social behaviour; • potential liability of housing authorities in respect of the exercise, or nonexercise, of their functions; • issues of eviction and of homelessness and emergency accommodation. • contains a comprehensive account of the Housing Acts and related regulation; • provides clear discussion of the case-law that illuminates the potential liability of housing authorities in areas such as housing provision and maintenance, the termination of tenancies, as well as planning; • Contains an analyses of the key legislation and case-law which will save time when dealing with housing issues.

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Experts can be publicly embarrassed if they are ill-prepared, or do not understand their duties to the court. Many high-profile miscarriages of justice have arisen because of the conduct of such witnesses, who have given biased evidence in favour of one party, or simply failed to understand the courts' requirements. Mark Tottenham, an experienced barrister and mediator, and award-winning writer on legal issues, has written this short and authoritative guide to the responsibilities of professional witnesses. Drawing on authorities throughout the English-speaking world, he outlines: the duties of an expert witness; the requirements of a written court report; how to prepare to give evidence in court; how to maintain a professional detachment from the client and instructing legal team; the involvement of expert witnesses in preparing pleadings and 'Scott schedules'; and the role of expert witnesses in other forums such as mediations, inquests and public inquiries.

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Written in a clear and direct style, each chapter offers a detailed treatment of a particular topic, explaining key principles and concepts and illustrating their development through significant case law. Extensive references assist in guiding research and further reading. Part One outlines the historical development of the EU Treaties from their origins to the present day, including detail on Ireland's accession and approach to the various amending treaties. The role and functions of the main EU institutions are explained in Part Two, while Part Three develops an understanding of the sources of EU law, EU competence, supremacy, direct effect and national procedural autonomy. The various legal remedies available as against Member States for failing to adhere to EU law, or the EU for breaching legal principles, are detailed in Part Four. Part Five deals with the Internal Market, the Customs Union and the free movement of goods, services and establishment. Citizenship and the free movement of persons are explained in Part Six, while Part Seven covers the free movement of capital and Economic and Monetary Union, with an emphasis on Irish perspectives of EMU.

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When a legal matter arises oftentimes a person is confronted by a bewildering array of legal concepts, procedures or complex jargon and are at a loss to understand what is going on. The purpose of this book is to simplify such complexities and multi-layered rules and provide quick solutions to various queries that may arise. The approach taken by the author is to provide an everyday query formulated much like a question one might find in a self-help legal column in a newspaper. A detailed answer follows, highlighting the general issues that the reader should be aware of and what steps they might take next. Everyday topics such as buying or selling a house, making a will, probate, family law queries, personal injuries, negligence, employment law, consumer law and defamation are addressed. Law for the Layperson: Life, Work & Death will be an invaluable reference book for all non-lawyers seeking guidance as required on legal issues.

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Will Trusts and Equitable Property Rights, provides an in-depth and comprehensive coverage and analyses of the law relating to will trusts and equitable property rights, and is the third and final book completing the trilogy of practitioner books on wills by the leading expert on this area. The twenty-seven chapters of the book present an incisive view of the following material relating to the subject matter of the book: • The creation of trusts by wills by use of precedents • The creation of family will trusts by use of precedents • The creation of will trusts of land by use of precedents • Discretionary will trusts by use of precedents • The creation of charitable trusts by will • The exercise of powers by will trust • The modification of trusts in wills by equitable doctrines

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In Applied Jurisprudence and Principles of Legal Practice, Albert Keating argues that substantive jurisprudence may be extended to include concepts of applied jurisprudence and principles of legal practice. He advances his argument by asserting that the first task of applied jurisprudence is to identify the basic law of the constitution of a legal system by the application of naturalist and positivist principles. The second task is to identify the sources of law at play in the system, and this includes interpretative sources, which may be ranked as primary, secondary and tertiary sources of law. Interpretative sources also consist of tests and criteria formulated by the courts out of former decisions, and applied to current contentious matters of the same kind. The jurisprudential process of conceptualisation may also be adopted and applied when formulating concepts out of a fusion of rules, duties, and rights, and illustrates this by formulating a concept of a will fashioned out of a fusion of the validity rules of wills, duties of executors and succession rights of beneficiaries. Determinant factors may also be employed for the purposes of devising formulae for use in legal practice, and for identifying the correct legal procedures for use in applications to the courts. [Subject: Applied Jurisprudence, Law]

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