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Nuisance and the principle of Rylands v Fletcher

Nuisance is a common law tort with two strands: private nuisance and public nuisance. I will only be considering private nuisance here...

Passing Off - Tort

The tort of passing off is when one business or individual misrepresents or 'passes off' their goods or services as if they were the...

A democratic deficit? The EU Institutions

'Democratic deficit' is the term used by those who consider the EU institutions and their decision-making processes suffer from a lack of...

Co-Ownership

Co-ownership occurs when two or more persons owns the same piece of property concurrently. The term 'tenancy' is something of a misnomer...

Homicide in Ireland: Reviewing the case-law

Murder in Ireland is covered by section 4 of the Criminal Law Act [1964] with section 4(2) stating that a person is presumed to have...

Direct Effect & Member State Liability in the EU

The doctrine of direct effect can be simplified to mean the enforcement of EU legislation in national courts. However, in recent times...

Employer's Liability: Irish Tort Law

Vicarious liability is a test, Claire McIvor notes, grounded in policy-driven analysis and "loosely focused on a theory of enterprise...

Judicial Review in the EU, has anything changed?

The doctrine of judicial review exists to challenge a piece of secondary legislation as being ultra vires or outside the power of the...

Squatter's Rights - Adverse Possession

Adverse possession is a legal term commonly known as 'squatter's rights.' A successful claim of adverse possession can essentially...

The Irish Criminal Law: Governing Consent

The introduction of the Criminal Law (Sexual Offences) Act [2017] was significant as it introduced a substantive revision of the law on...

Where there's a will, there's a way!

Courts perform balancing-acts of the law everyday, it is one of the most fundamental elements of law. In the constructions of wills, it...

Innocent until proven guilty... or not?

From USA to UK: thoughts on the doctrine If you are like me and are obsessed with court room dramas and true crime documentaries, you...

Welcome but imperfect: Defamation Law in Ireland

Firstly, I want to start with reference to the two constitutional rights which act as underpinning conflicts in the tort of defamation....

Fundamental Rights in the European Union

Unfortunately, it would be naive to assume that the principles governing the protection of fundamental rights in European Union law were...

Finders Keepers, Losers Weepers!

We have all heard the common phrase 'finders keepers, losers weepers,' and have no doubt used this as a defence ourselves at a young age....

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