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The Communications (Retention of Data) (Amendment) Act 2022: ignore the warnings, legislate in haste, repent at leisure
By Eoin
The headline in the Irish Examiner is stark: “European Commission says Ireland’s new data law may be ‘inapplicable’.” Cianan Brennan reports that the European Commission “has dismissed Ireland’s new controversial data retention law as possibly ‘inapplicable and unenforceable’, as it was not submitted to the commission before its enactment”. The legislation in question is the…
Another heckler’s veto in Trinity
By Eoin
The following story caught my eye in this morning’s Irish Times [with added links]:
Talk by controversial UK preacher at Trinity College cancelled over security fears
By Colin Gleeson
A talk by a UK preacher at an event at Trinity College Dublin on Friday has been cancelled due to security fears.
Mohammed Hijab had been…
The next steps in defamation reform, including the development of an anti-SLAPP mechanism, limp slowly closer
By Eoin
The written answer to two Parliamentary Questions earlier this week (on Tuesday 21 February 2023) provides hope for imminent publication of the long awaited the General Scheme of a Defamation (Amendment) Bill, including the introduction of an anti-SLAPP mechanism.
Deputy Catherine Murphy TD (pictured above left) asked the Minister for Justice if his Department has…
Winter is coming: the future of First Amendment analysis, and the prospects for New York Times v Sullivan, after NYSR&PA v Bruen
By Eoin
Cold winds now blow in the US Supreme Court around the stability of a century’s worth of First Amendment doctrine; even New York Times Co v Sullivan 376 US 254 (1964), the most stable of that Court’s speech precedents, now seems in danger of being blown away in the storm, thanks to the recent decision…
Couple mistakenly paid Aus$10.5m by Crypto.com claim they thought they had won a contest
By Eoin
A little while ago on this blog, I noted the mistaken payment case of Foris GFS Australia Pty Ltd v Manivel [2022] VSC 482 (26 August 2022). It has been a recurring theme of my notes on these kinds of cases that the recipients of mistaken payments not only must make restitution of those payments,…
Blooming Lawyers: from Sadgrove v Hole, via Palles CB and Ulysses, to Facebook
By Eoin
I was reminded (plug alert) of my piece “The Aeolus Episode in Ulysses and the Freeman’s Journal: Chief Baron Palles and the law of defamation”, chapter 12 in Oonagh B Breen & Noel McGrath (eds) Palles. The Legal Legacy of the last Lord Chief Baron (Four Courts Press, 2022) (noted here),…
Women in plain sight in the law: Síofra O’Leary, Catherine McGuinness, Frances Kyle & Averil Deverell
By Eoin
Síofra O’Leary (pictured right) has been elected President of the European Court of Human Rights (press release), and will take up office on 1 November 2022. She has been a judge of the Court since 2 July 2015, a President of a Section since 1 January 2020, and Vice-President of the Court since…
Restitution of mistaken payments, again: Chase quickly recovers $50billion; while Citibank eventually recovers (a mere) $500million, defeating defences of “discharge for value”
By Eoin
In my previous post, I looked at Foris GFS Australia Pty Ltd v Manivel [2022] VSC 482 (26 August 2022), in which cryptocurrency trading platform Crypto.com accidentally transferred Aus$10.5m [€7.35m; US$7m; St£6.3m] to an Australian customer when processing an Aus$100 [€70; US$67; St£60] refund, by mistakenly entering her account number into the “payment amount”…
Fortune favours the brave, but not the foolhardy – recipients of mistaken payments must make restitution, or face the consequences
By Eoin
To err is human, but to really foul things up requires a computer, so we are told. And it gets really dreadful indeed when computer buzzwords like “crypto” get included. And so it is with cryptocurrency trading platform, Crypto.com. In May 2021, it accidentally transferred Aus$10.5m [€73.5m; US$70m; St£6.3m] to an Australian woman,…