The Regulation of the Legal Profession in Ireland


Book Description

The Regulation of the Legal Profession in Ireland is a new and insightful exploration of history, controversy and reform relating to the Irish legal system. During recent legislative debate over a professional reform bill, Alan Shatter--then the Minister of Justice in Ireland--publicly called this study, in its earlier form as a dissertation, "marvellous," and stated that it "should be compulsory reading for us all." He noted that the thesis "sets out the history of the legal profession and how it evolved. It evolved continually until approximately 1870 and then went into paralysis and nothing has changed since. ... It is extraordinarily curious that people think the world stopped in 1870." Professor Laurent Pech, formerly of the School of Law at NUI Galway and now Head of the Law Department at Middlesex University London, has stated that this study "makes a decisive contribution to the on-going scholarly and policy debates on this issue, by evaluating the present regulatory framework and offering a number of suggestions to improve it in a context of increasing transnationalisation of the market for legal services." He added that Hosier's "innovative approach to the problem of lawyers' misconduct is, in particular, worth noting. This aspect of her work has the potential to help alleviate a problem which has been extremely costly for both the legal profession and wider society alike. Her doctoral research also provides a valuable insight into the impact of the Troika upon the regulation of the legal profession in so-called 'bailed-out countries.'" Professor Pech concluded that the author "should be congratulated for having made an exceptional contribution to the current debate on the regulation of the legal profession both nationally and internationally. I have no doubt that her original and thought-provoking work will be useful to policy-makers and scholars alike." This book features Professor John Flood's new, substantive introduction, explaining the worldwide implications of professional reform efforts, the financial crisis that precipitated them, and the relation to regulation of the legal profession in other countries. It also includes the author's notable examination of the effect of the Troika's bailout conditions on law reform possibilities in Ireland. This part of the book was presented in the US at the 2013 annual conference of the Law and Society Association. Finally, the book adds a section on 2014 developments in reform efforts in Ireland. A powerful new addition to the Dissertation Series from Quid Pro Books.




The Law and Practice of the Ireland-Northern Ireland Protocol


Book Description

The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.




International Perspectives on the Regulation of Lawyers and Legal Services


Book Description

This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.




Law of Charities in Ireland


Book Description

This timely handbook details how all charities in Ireland can ensure that they are legally compliant with all aspects of charities law. This complex area is clearly and concisely explained by two leading experts in the charity law field. As well as fully outlining the legislation, including detailed coverage of the Charities Act 2009, this handbook considers the life cycle of a charity in Ireland: from its creation and registration to its governance and reporting obligations right through to its relations with other charities, at home or abroad, and the demise or dissolution of a charity. Examining the role of the charity trustee in both corporate and unincorporated charities, this book details the key relationships with relevant statutory agencies from the Charities Regulator through to Revenue and the Companies Registration Office. Setting out for the first time the practical issues facing charities operating in Ireland, this handbook is vital for any person concerned with the regulation of charities in this jurisdiction.




The Law of Evidence in Ireland


Book Description

This the fourth edition gives an up-to-date account of the law of evidence in Ireland. The text is of interest to all those working in the Irish legal system, the criminal legal system in particular as well as to policy makers and those studying more general issues related to matters of trial, adjudication and fact-finding in various contexts. It explores the development of a particular Irish dimension to evidence scholarship, which is based on constitutional notions of fairness. In light of the incorporation of the ECHR, this must continue to be influential in this and possibly other jurisdictions. The phenomenon of the Special Criminal Court is considered and ithe Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 is also considered in detail.




EU Law in Ireland


Book Description

In the Irish legal order, there is a rapid increase in the amount of case law on European Union law. This book analyzes the key case laws, texts, and commentaries in a diversity of EU law-related subject areas, and it provides an up-to-date and comprehensive collection of materials on EU law. The standard published texts in EU law do not include any materials as to the Irish legal order, and research considering the operation of EU law in the national courts has frequently excluded data as to Ireland on the basis of a paucity of case law. However, in recent years, there has been a major increase in case law in this area from the Irish Superior Courts and a large increase in EU Regulations and Directives in Irish law. A collection of key case law and materials is now a timely one. A mini-schedule of relevant primary legislation and constitutional texts are included in the book, which will be of major interest to students, academics, practitioners, and government/public servants.




The Law of Advertising in Ireland


Book Description

The Law of Advertising in Ireland identifies both the general and specific laws and regulations that apply to the advertising of products and services in Ireland. Divided into two parts, the first focuses on law, regulation and other key issues to be considered when advertising generally, for example consumer protection and contract law. The second part contains separate chapters on specific advertising law, regulation and codes of practice imposed on certain industries or services, for example financial services, solicitors and alcohol advertising.




Byrne and McCutcheon on the Irish Legal System


Book Description

Winner of the DSBA Practical Law Book of the Year Award 2020 This seventh edition provides comprehensive treatment of the key elements of the legal system in Ireland, including the roles and regulation of legal practitioners, the organisation of the courts and the judiciary, and an analysis of the main sources of Irish law and their application in practice. It is essential reading for law students in Ireland, and practitioners will find it of great value. The seventh edition has been fully updated to reflect recent key developments including: Fundamental reform of the legal profession under the Legal Services Regulation Act 2015, The commencement of the main regulatory powers of the Legal Services Regulatory Authority and the establishment of the Office of the Legal Costs Adjudicator; The increasing impact of information technology on the legal profession and the courts, accelerated in 2020 by the Covid-19 pandemic; The establishment of the Judicial Council under the Judicial Council Act 2019, and the roles of its committees; Discussion of the system for appointing judges; The establishment of the Court of Appeal and the resulting impact on the Supreme Court; The Mediation Act 2017 and alternative dispute resolution in civil cases; The doctrine of precedent, including important case law from the Court of Appeal and the Supreme Court; Significant developments in making legislation more accessible online, and analysis of the case law on the interpretation of legislation; The impact of recent constitutional decisions, including case law on suspended declarations of unconstitutionality, and the constitutional amendments on marriage equality and abortion; Developments in EU law, including the potential impact of Brexit, and the growing impact on Irish law of more than 1,400 international agreements that Ireland has ratified.




Legal Services Regulation at the Crossroads


Book Description

Who should be allowed to provide legal services to others? What characteristics must these services possess? Through a comparative study of English-speaking jurisdictions, this book illuminates the policy choices involved in legal services regulation a




Entertainment and Media Law in Ireland


Book Description

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. The book 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. This 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.