Editor’s note

Protection and vindication

This edition looks at legislation that affects some of society’s most vulnerable, and informs practitioners on what they need to know to vindicate their clients’ rights.

Recent events in Ukraine and the mass exodus of so many of its citizens have brought the plight of refugees into sharp focus for neighbouring countries and for Europe as a whole. Those seeking protection and security often find themselves split up from family members in the fall-out of war. Emily Farrell SC examines family reunification for international protection beneficiaries and explains the different avenues open to those who have been granted international protection in Ireland. Much-awaited and important elements of the Assisted Decision Making (Capacity) Act 2015 are expected to be commenced in June of this year. Aisling Mulligan BL explores the ramifications of the Act, and presents the history and background to the legislation. The statutory condition that must be satisfied prior to issuing legal proceedings against a charity is explored by Felix McEnroy SC. This article is essential reading for all practitioners instructed to draft proceedings involving a charitable organisation. Not only does our colleague explain the legislative requirements involved, he also sets out a draft precedent for practitioners. The Government’s review of the Defamation Act 2009 and the subsequent recommendations for change come under scrutiny in our Closing Argument. The proposal to remove juries from defamation trials could have a significant impact on outcomes and ultimately on the willingness of potential plaintiffs to initiate proceedings. The Minister for Justice states that the legislation must balance the right to the protection of a good name and the freedom to express and inform. Mark Harty SC ruminates on whether the proposed changes can really achieve this aim.

Helen Murray BL

Editor The Bar Review