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Equal pay and sex discrimination – advancing a new argument on appeal 同工同酬和性别歧视——提出上诉的新论点
The Northern Ireland legal quarterly Pub Date : 2022-11-24 DOI: 10.53386/nilq.v73i3.988
Emma McIlveen
{"title":"Equal pay and sex discrimination – advancing a new argument on appeal","authors":"Emma McIlveen","doi":"10.53386/nilq.v73i3.988","DOIUrl":"https://doi.org/10.53386/nilq.v73i3.988","url":null,"abstract":"Case note on Department of Justice v McGrath","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44984955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
A Fall Between Two Stools: The Supreme Court Confines Lawful Act Duress 落在两个凳子之间:最高法院限制合法行为胁迫
The Northern Ireland legal quarterly Pub Date : 2022-11-24 DOI: 10.53386/nilq.v73i3.990
H. Sanderson, Henry Cooney
{"title":"A Fall Between Two Stools: The Supreme Court Confines Lawful Act Duress","authors":"H. Sanderson, Henry Cooney","doi":"10.53386/nilq.v73i3.990","DOIUrl":"https://doi.org/10.53386/nilq.v73i3.990","url":null,"abstract":"Case note on Pakistan International Airline Corporation v Times Travel (UK) Limited [2021] UKSC 40.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41502218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Sweeney v VHI [2021] IESC 58: expert witnesses in possession of confidential or privileged information Sweeney诉VHI [2021] IESC 58:拥有机密或特权信息的专家证人
The Northern Ireland legal quarterly Pub Date : 2022-11-24 DOI: 10.53386/nilq.v73i3.989
Mark Tottenham
{"title":"Sweeney v VHI [2021] IESC 58: expert witnesses in possession of confidential or privileged information","authors":"Mark Tottenham","doi":"10.53386/nilq.v73i3.989","DOIUrl":"https://doi.org/10.53386/nilq.v73i3.989","url":null,"abstract":"This case commentary reviews Sweeney v VHI, where the Supreme Court of Ireland held that an academic economist could not be retained as an expert witness by one party to a competition law action, where he had previously acted for the other party in separate proceedings, and had been in receipt of confidential or privileged information. The court held that the role of an economist in competition law actions required a high degree of interaction with the client and legal team, such that privileged or confidential information would be likely to be exchanged. Where there was a real risk that such information would be disclosed, the expert should be excluded from acting for the other side in other proceedings.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41434994","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The impact of proposed intimate image abuse offences on domestic violence and abuse 拟议的侵犯亲密形象罪对家庭暴力和虐待的影响
The Northern Ireland legal quarterly Pub Date : 2022-10-06 DOI: 10.53386/nilq.v73iad2.969
Charlotte Bishop
{"title":"The impact of proposed intimate image abuse offences on domestic violence and abuse","authors":"Charlotte Bishop","doi":"10.53386/nilq.v73iad2.969","DOIUrl":"https://doi.org/10.53386/nilq.v73iad2.969","url":null,"abstract":"This article explores how proposed reforms to the law on intimate image abuse could address situations where intimate images are shared, or threats to share are made, in a relationship where there is domestic violence and abuse (DVA). In exploring the purposes and motivations behind the use of non-consensual intimate images in this context, the harmful impact is demonstrated to be the denial of autonomy and personhood that ‘entraps’ the victim in the relationship. It is essential that this harm, and the underlying motivations of those who use intimate image abuse for this purpose, is made visible under any relevant legislation to ensure that the criminal law effectively condemns and remedies conduct of this kind. It is for this reason that the article concludes that the Law Commission, in its 2021 consultation, was right to consider introducing an offence of ‘intentionally taking or sharing an intimate image without consent with the intent to control or coerce the person depicted’. It is further suggested that this fault element may better reflect the culpability of those who engage in threats to share intimate images and should be introduced not just where images are taken and shared, but also where threats to share such images are made.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49463844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The importance of being relational: comparative reflections on relational contracts in Australia and the United Kingdom 关系的重要性:对澳大利亚和英国关系契约的比较思考
The Northern Ireland legal quarterly Pub Date : 2022-10-06 DOI: 10.53386/nilq.v73iad2.963
Jessica Viven-Wilksch
{"title":"The importance of being relational: comparative reflections on relational contracts in Australia and the United Kingdom","authors":"Jessica Viven-Wilksch","doi":"10.53386/nilq.v73iad2.963","DOIUrl":"https://doi.org/10.53386/nilq.v73iad2.963","url":null,"abstract":"The notion of the relational contract, previously limited to academic circles, is now being articulated by some courts. The consequences are threefold. Firstly, these judicial decisions are challenging the conception of agreements in the common law. Secondly, these decisions acknowledge the particularity of some long-term commercial relationships and shift the spotlight onto the relations of the parties. Thirdly, they are being used to integrate obligations to act in good faith. This article will show how these decisions implement the developing theory of relational contracts. The article will discuss recent developments in the United Kingdom and Australia and reflect on the parallel course the two jurisdictions are taking. By providing a bird’s-eye view of normative changes affecting some long-term transactions, the aim of the article is to reflect on how contract law is being reshaped by the recognition that, in some contracts, the relationship, not self-interest, is the vital thing, demonstrating a move away from traditional contract law theory.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49091331","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
George Gavan Duffy and the legal consequences of the Anglo Irish Treaty, 1921–1923 乔治·加文·达菲和盎格鲁-爱尔兰条约的法律后果，1921-1923
The Northern Ireland legal quarterly Pub Date : 2022-10-06 DOI: 10.53386/nilq.v73iad2.964
Thomas Mohr
{"title":"George Gavan Duffy and the legal consequences of the Anglo Irish Treaty, 1921–1923","authors":"Thomas Mohr","doi":"10.53386/nilq.v73iad2.964","DOIUrl":"https://doi.org/10.53386/nilq.v73iad2.964","url":null,"abstract":"George Gavan Duffy (1882–1951) was a signatory of the 1921 ‘Anglo Irish Treaty’. In the 1930s he enjoyed a notable judicial career and would rise to the position of President of the High Court of Ireland. This article examines a more neglected period of Gavan Duffy’s career. It focuses on his brief parliamentary career as a TD in the early 1920s and, in particular, his involvement in the creation of the Constitution of the Irish Free State. This analysis also examines the reasons for the divergence of Gavan Duffy’s position from that held by other signatories and supporters of the 1921 Treaty. By late 1922 Gavan Duffy had emerged as a determined critic of the Provisional Government and of the draft Constitution of the Irish Free State that emerged from negotiations in London. This analysis focuses on Gavan Duffy’s attempts to amend provisions of the draft Constitution that he believed went further than the strict legal demands of the 1921 Treaty. The conclusion assesses Gavan Duffy’s attitude towards the legal consequences of the 1921 Treaty and his attempts to mitigate their impact on the 1922 Constitution of the Irish Free State.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47949901","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The scope and rationale(s) of the change of position defence 改变立场抗辩的范围及理由
The Northern Ireland legal quarterly Pub Date : 2022-09-29 DOI: 10.53386/nilq.v73iad2.947
D. Sheehan
{"title":"The scope and rationale(s) of the change of position defence","authors":"D. Sheehan","doi":"10.53386/nilq.v73iad2.947","DOIUrl":"https://doi.org/10.53386/nilq.v73iad2.947","url":null,"abstract":"The article examines an innovative suggested rationale for change of position – namely that the claimant has ‘outcome responsibility’ for the defendant’s change of position. It concludes that the justification fails. Although it purports to justify a single baseline against which to judge if the defendant’s position has changed, it – at best – only justifies a subset of the cases in which change of position is normatively attractive; it does not justify the defence in (say) cases of innocent wrongdoing. As such it requires us to accept that there are several different species of defence. An easier route to justifying the availability of the defence in all these different cases is ‘irreversible detriment’, although that explanation still has to justify why the defendant should not be worse off.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48182817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Property guardians: reigniting the lease/licence battle? 物业监护人：重燃租赁/许可证之战？
The Northern Ireland legal quarterly Pub Date : 2022-09-29 DOI: 10.53386/nilq.v73iad2.560
D.G.K. Taylor
{"title":"Property guardians: reigniting the lease/licence battle?","authors":"D.G.K. Taylor","doi":"10.53386/nilq.v73iad2.560","DOIUrl":"https://doi.org/10.53386/nilq.v73iad2.560","url":null,"abstract":"This article analyses recent English decisions reviving the need to consider the lease/licence dichotomy and conclusiveness of the parties’ agreement in the new context of property guardianship as an alternative to private renting. It argues that context has proved instructive in interpreting the parties’ agreement elsewhere in the case law and offers a way forward in the hard cases amid the ongoing search for doctrinal clarity and justification. A compound subjective–objective approach appreciates the underlying purpose of the parties’ relationship and justifies why no intention to grant the right of exclusive possession can be present, thereby precluding a tenancy. The article briefly considers reforms to rental accommodation previously suggested by the Law Commission and, in light of the continued need to prove the status of lessee, argues that they should be revisited in order to protect those living in temporary accommodation.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42425486","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Territorial approaches to a pandemic: a pathway to effective governance? 应对大流行病的地区性方法：有效治理的途径？
The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.996
M. Dobbs, A. Keenan
{"title":"Territorial approaches to a pandemic: a pathway to effective governance?","authors":"M. Dobbs, A. Keenan","doi":"10.53386/nilq.v73i2.996","DOIUrl":"https://doi.org/10.53386/nilq.v73i2.996","url":null,"abstract":"Pandemics, including COVID-19, highlight the issue of multilevel governance, where and how powers should be allocated, and the challenge of ensuring coherency. This issue comes clearly into focus in epidemiological units where internal jurisdictional boundaries exist, as in the case of the island of Ireland with the border between Northern Ireland/the United Kingdom and Ireland. This article evaluates the approaches to policy-making on the island of Ireland, and considers whether the two jurisdictions adequately addressed cross-border issues in light of the concept of subsidiarity. The core focus is on a COVID-19 Memorandum of Understanding (MOU) agreed between Ireland and Northern Ireland in April 2020, with consideration also of proposals for a two-island approach. The article argues that subsidiarity would call for a centralised approach or at least substantial cooperation to facilitate effective policy implementation and coherency. The MOU reflects these ideas, through supporting substantial cooperation, but with some significant weaknesses that manifest in its implementation. Alternative issues arise when considering a potential two-island approach. Together, the MOU and the alternative of a two-island approach highlight that context is a crucial consideration for subsidiarity and evaluating the approaches to cross-border issues. It can make centralisation and substantial cooperation (and therefore coherency more generally) significantly more challenging and thereby also highlights the limits of subsidiarity.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46817532","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Domestic abuse: the ‘shadow pandemic’ 家庭虐待:"影子流行病"
The Northern Ireland legal quarterly Pub Date : 2022-07-28 DOI: 10.53386/nilq.v73i2.961
R. McQuigg
{"title":"Domestic abuse: the ‘shadow pandemic’","authors":"R. McQuigg","doi":"10.53386/nilq.v73i2.961","DOIUrl":"https://doi.org/10.53386/nilq.v73i2.961","url":null,"abstract":"Since the onset of the COVID-19 pandemic, incidents of domestic abuse have increased substantially around the world. The lockdown measures which were adopted by many jurisdictions, although necessary to limit the spread of the virus, nevertheless resulted in those living in abusive relationships finding themselves to be even more isolated. Indeed, UN Women has termed violence against women during the COVID-19 pandemic as the ‘shadow pandemic’. This article discusses the increased levels of domestic abuse globally, proceeds to examine the rise in instances of domestic abuse on the island of Ireland, and then analyses the measures adopted in both Northern Ireland and the Republic of Ireland in response. It is argued that, although meritorious steps were taken in both jurisdictions, essentially the pandemic has exacerbated pre-existing difficulties with the responses of both Northern Ireland and the Republic of Ireland to this issue.","PeriodicalId":83211,"journal":{"name":"The Northern Ireland legal quarterly","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44752367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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