Balancing Interests There is an inherent tension between the freedom of public expression and comment and the need for courts to protect their authority and integrity, in the context of contempt of court proceedings. The European Convention on Human Rights protects freedom of expression. However, it also recognises that the courts have a legitimate interest in protecting the administration of justice. However, the Convention does […]
The Calendar The Almanac is a part of common law and is recognized by English statutes such as the Act of Uniformity, which gave statutory recognition to the Common Book of Prayer in 1662. Before 1582, the year was regulated by the Julian calendar. Under the Julian calendar, a day was inserted between the 24th and 25th of February every fourth year, which resulted in an […]
Overview Contempt of court is the unlawful interference with the administration of justice by the courts. Courts have an inherent power to assert their authority and to protect the integrity of the judicial process. They may take summary (direct) steps by way of immediate sanctions against persons who frustrate, impede or interfere with the process of justice. Criminal contempt consists of behaviour calculated to prejudice the […]
2014 Changes The Supreme Court formerly heard all appeals from the High Court, as the sole appeal court designated by the Constitution. A backlog of up to four years had developed in Supreme Court appeals, due to the significant increase in the number of appeals from the High Court. This followed the fourfold increase in the number of High Court judges (from 9 in 1977) […]
Civil Contempt Civil contempt refers to the wilful disobedience of a court order in civil proceedings between private parties. The parties need not enforce the order. The State does not do so and has no interest in so doing, unless the parties so choose. Civil contempt arises where a person wilfully fails to comply with a court order which is binding on him. Similarly, conduct […]
Criminal Contempt Criminal contempt consists of words or actions which obstruct or tend to obstruct the administration of justice. Civil contempt is disobedience to judgments, orders and court processes, which causes private loss or injury. A party in contempt may be restricted from being heard or from taking the steps in proceedings until he has purged his contempt. The superior courts have inherent jurisdiction to […]
Background The jury is an ancient legal institution. Historically, juries were used in a variety of contexts. Juries once performed a range of functions in the administrative and judicial sphere. At common law, there was a broad distinction between a jury summons to inquire and make a presentment and juries of issue and assessment. The latter type of jury is that most commonly encountered in […]
Third-Party Dealings A solicitor must be honest and courteous in all dealings with third parties. He must not engage in conduct which is fraudulent deceitful or otherwise contrary to his position as an officer of the court. He must not use his position to take unfair advantage. The solicitor must not encourage or offer inducements to a third party with a view to obtaining instructions. […]
Commencing to Act The decision of a solicitor to accept instructions from a client is a matter of his discretion. However, he should not discriminate unfairly between members of the public. He should not refuse to act on a basis which would constitute discrimination. Solicitors are recommended to provide a client with a copy of the firm’s terms and conditions. Where practicable, he should confirm […]
Prosecutor The responsibilities of the advocate acting for the prosecution differ from those acting for the defence. He must see that every material point is made which supports the prosecution’s case or weakens the defendant’s case. He should present the case against the accused relentlessly but with scrupulous fairness. The names of all witnesses and material facts must be disclosed irrespective of whether the witnesses […]
Duties Owed A solicitor owes a duty to act in his or her client’s best interest. However, he also owes a duty to court as an officer of the court. The administration of justice requires that a court should be able to rely on the integrity of lawyers who appear before it or have dealings with it. A solicitor should promote and protect fearlessly by […]
Legal Professional Privilege Legal professional privilege subsists between the client and the solicitor. The effect of privilege is to prevent disclosure of client information or details of the instructions to third parties, other than where expressly or impliedly permitted by the client. The effect is that the content of such communications may not be compelled in court or on discovery. Professional privilege is distinct from, […]
Solicitors Attorneys & Barristers The division between barristers and solicitors has been present for many hundreds of years. Barristers specialised in pleading cases and attorneys and solicitors instruct barristers and act in preparatory steps in a court hearing and also in legal matters not involving litigation. Attorneys were attached to one of the three courts of common law and solicitors were attached to the court […]
Specific Regulations of Conflicts A number of professional conduct requirements have been embodied in statutory instruments made under the Solicitors Act. This makes the requirements unconditional professional practice requirements. A number of the regulations relate to conveyancing and property transactions. Conveyancing transactions includes transfers of property, gifts, licenses, leases and mortgages. A solicitor may not act for a seller and purchaser in a conveyancing transaction. […]
Authority The solicitor client relationship is based on contract. It also has an agency element. Furthermore, the solicitor is a fiduciary in relation to his clients and is restricted from taking advantage of his position or acting in conflict of interest. The scope of a solicitor’s authority is defined by the general law of agency. Express or implied authority may arise to do particular acts. […]
Code of Conduct The Law Society of Ireland as the regulator of the solicitor’s profession has published a Guide to Professional Conduct of Solicitors based on accepted principles of good practice, policy and recommendation. It is likely that the establishment of an independent regulator will lead to a more formal code of conduct. However, it is likely to be based on the principles of the […]
Practising Certificate person may not hold himself as a solicitor or provide legal advice for consideration unless he is a practising solicitor and on the role of solicitors. He must not be suspended or have given an undertaking that he will not practise to the High Court. A solicitor must be both entered in the register qualified and hold a current practising solicitor’s certificate. Holding […]
FLAC Background The Free Legal Aid Centres were established in 1969 by a number of law students. They provides some basic free legal services. By the early 1970s FLAC had taken on over 2,500d files in the area of family, crime, landlord and tenant law. This grew to 8000 by the mid-1970s. By that stage there was 60 lawyers, students at Aid Centres with 50 […]
Citizens Information Board The Citizens Information Board was formerly known as Comhairle. The Board’s functions are to support the provision of or to directly provide independent information, advice and advocacy service to ensure that individuals have access to accurate, comprehensive and clear information relating to social services that are relevant to their sector. to assist and support persons, in particular those with disabilities, in identifying their […]
Legal Aid Board A basic civil legal aid scheme was established as an administrative scheme after Airey v Ireland judgments in the European Court of Human Rights in 1979. The civil legal aid scheme was put on a statutory footing by the Civil Legal Aid Act 1995. The Act established the Legal Aid Board. The Board consists of a Chairman and 12 ordinary members appointed […]
Legal Panels The Board may establish panels of solicitors and barristers and others who are willing to provide legal aid and advice. Solicitors and barristers may be appointed to the panel subject to terms and conditions described by the Board with the consent of the Minister for Finance. A solicitor may be excluded if his conduct is such as to render him unsuitable. The Board […]
Board Services The Legal Aid Board may provide advice and aid through Law Centres established under the legislation. A person shall be entitled to apply for legal aid or advice through a Law Centre irrespective of his place of residence. The Legal Aid Board provides services in relation to routinely available information. Information may be obtained through a Law Centre, through leaflets or online websites. […]
Criminal Legal Aid The Criminal Justice Legal Aid Act 1962 provides for grant of free legal aid in the case of more serious charges and offences where the applicant satisfies the court that he or she has insufficient means to defend himself. The accused has a right to be informed of his right to legal aid in a more serious case. Legal aid grants entitlement […]
Legal Aid & Constitution Ireland does not have an advanced system of free legal aid. The system of civil legal aid is patchy and much less extensive than that which exists in other jurisdictions. Criminal legal aid is available as a Constitutional right in many criminal law proceedings. This applies where there is a risk of imprisonment. It covers trials on indictment on the Circuit […]
Background Many claims for personal injury are taken on a contingency basis. This is sometimes described as no foal no fee. This means that legal fees are charged only if the case is successful. Strictly speaking an agreement of this nature is void at law as against public policy which discourages the promotion of litigation and the taking of a stake in another’s litigation. In […]
Nature of Usage Usage is a course of dealing overtime adopted by persons in a particular business which has acquired notoriety such that where persons contract in relation to that area they must be taken as intended to follow during the course of dealing, the usage concerned unless they have expressly or impliedly agreed to the contrary. Unless expressly or impliedly excluded it forms part […]
Nature of Custom Custom is a rule or a principle that has existed in fact or by presumption from time immemorial. It may have the force of law in a particular area notwithstanding that it might be of variance with common law. Customs may supplement common law in respect of the matter concerned and be in effect local common law. Customary law is unwritten law. […]
Maintenance and champerty Maintenance is the of giving assistance to or encouraging of another in taking legal action by a person who does not have an interest in the action or other motive sufficient to justify his involvement. At common law, barratry was committed by a person who moved, encouraged and maintained suits or quarrels. Barratry was an indictable offence at common law, which has […]
The Judicial Council Act 2019 in general terms, applies to judicial misconduct alleged to have occurred after its commencement. There a Judicial Conduct Committee which is independent in the performance of its function to promote and maintain high standards of judicial conduct. The Committee has a central role in considering complaints against judges and referring them either for resolution by informal means, or for formal […]
Purpose of the Act The purpose of the Judicial Council Act is to establish a Judicial Council which is independent in the performance of its functions and promotes and maintain excellence and high standards of conduct by judges. It will also provide a means of investigating allegations of judicial misconduct and, in this context, a Judicial Conduct Committee, which will have lay representation, will be […]
Conduct of appeals and applications All appeals and other matters before the Court of Appeal shall be prepared for hearing or determination and heard and determined in a manner which is just, expeditious and likely to minimise the costs of the proceedings. The Registrar may from time to time make such inquiries and seek such reports or information of the parties as he considers appropriate […]
Conduct of Appeals and Applications All applications, appeals and other matters before the Supreme Court shall be prepared for hearing or determination in a manner which is just, expeditious and likely to minimise the costs of the proceedings. The Registrar may from time to time make such inquiries and seek such reports or information of the parties as he considers appropriate or as are directed […]
Establishment of Court The Court of Appeal 2014 put the legislative arrangements in place which are necessary to facilitate the establishment of a Court of Appeal at a level between the High Court and the Supreme Court, as approved by Referendum on 4 October 2013. The Act provides for the establishment, in accordance with the terms of Article 34A of the Constitution. The Court of […]
Perjury The Criminal Justice (Perjury and Related Offences) Act 2021 reformed the law of perjury and related offences. A person commits an offence referred to as perjury if he or she, in, or for the purpose of, a judicial or other proceeding, gives a statement material in the proceeding— while lawfully sworn as a witness or as an interpreter, on affidavit, or in a statement […]
Consideration by Legal Costs Adjudicator of determination Where a party to an adjudication is dissatisfied with a decision of a Legal Costs Adjudicator to confirm a charge, not to confirm a charge or to determine a different amount to be charged in respect of a matter or item the subject of the adjudication, he or she may, within 14 days of the date on which […]
Power to award legal costs A court may, on application by a party to civil proceedings, at any stage in, and from time to time during, those proceedings— order that a party to the proceedings pay the costs of or incidental to the proceedings of one or more of the parties to the proceedings, or where proceedings before the court concern the estate of a […]
Overview A Legal Costs Adjudicator shall apply the following principles in adjudicating on a bill of costs pursuant to an application pursuant to section 154 : that the costs have been reasonably incurred, and that the costs are reasonable in amount. Costs shall include VAT only when such sums are not recoverable by the person in whose favour the order is made. Legal Costs Adjudicator […]