The Bar Review – Volume 28 Issue 5

December 2023

Human rights and employment rights are both covered in the December 2023 edition of the Bar Review, along with an interview with the Chairs of the Young Bars in the four jurisdictions. Contributions include an analysis of the Karshan case and its implications for delivery drivers, a consideration of the need of a legal right to a healthy environment, and an overview of recent Supreme Court judgments addressing human rights.

Highlights from December Issue of The Bar Review

The Four Leaders of The Young Bars

Michael Harwood, Antonia Welsh, Declan Harmon and Sarah Minford – leaders of the junior Bars of the four jurisdictions – talk about collaboration, challenges and the future of the Bar.

It’s always important to take opportunities to bring young barristers together and expand their communities and networks,” says Michael Harwood, Chair of the Young Barristers’ Committee of England and Wales. “Particularly when it comes to the four jurisdictions – I think it’s really useful to understand the commonality between our legal systems, how they differ, and what works and what doesn’t.” “Michael is absolutely right,” says Declan Harmon, Chair of Ireland’s Young Bar Committee. “We’ve so much in common.” The Chairs are discussing the annual Four Jurisdictions Conference, held in Belfast this year, which has become something of a meeting point for their respective junior Bars.

Consult on Complaints – Expansion of Consult a Colleague Service

phone line

By Aoife Farrelly BL and Peter Stafford BL

The Bar’s Equality and Resilience Committee is expanding its Consult a Colleague service to assist members who are the subject of a complaint to the LSRA.

Since 2020, the Legal Services Regulatory Authority (LSRA) has published periodic reports on complaints made about solicitors and barristers in Ireland. More recently, these published reports have been accompanied by analyses of the trends seen by the LSRA of issues that give rise to complaints, and case studies about complaints and sanctions that have been imposed on lawyers.

The Feeling’s Not Mutual

Dominos Pizza Delivery Box

By Roderick Maguire BL

The recent Supreme Court decision in The Revenue Commissioners v Karshan Midlands Ltd T/A Domino’s pizza.

This article offers a précis of the recent Supreme Court ruling in The Revenue Commissioners v Karshan Midlands Ltd T/A Domino’s pizza [2023] IESC 24, and seeks to highlight some of its important points.

Instrument of Change – Do we need a legal right to a healthy environment?

burning forest, representing climate change

By Clíona Kimber SC

Do we need a legal right to a healthy environment? – Proposals for the European Convention on Human Rights.

There is currently a triple planetary crisis: pollution; biodiversity loss; and, climate change. This ongoing degradation of the environment has grave implications for the enjoyment of human rights and undermines the shared values that international human rights bodies, including the Council of Europe, are dedicated to upholding.

Supreme Rights

By David Perry BL

A number of Supreme Court judgments over the last year have addressed issues of human rights.

This article provides a review of judgments from the Supreme Court over the last year that touch on the fundamental rights protected by the Constitution of Ireland and the European Convention on Human Rights.

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