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16 Mar 2014, 2:24 am
 As a result, exact but miniaturised reproductions of artistic works [this was the 1995 Tidy v Trustees of the Natural History Museum case] or colour variations between an original artwork and a reproduction of it [this is the 1999 Pasterfield v Denham decision] may be considered not to infringe the author’s right of integrity.What do readers think of differences in the scope of moral right protection? [read post]
19 Nov 2012, 1:31 am by GuestPost
In this context, Denham J stated, ‘The concept of unborn envisages a state of being born, the potential to be born, the capacity to be born…’ While there is no legislative position on when life begins, the decision in Roche and Roche is clear on this point. [read post]
5 Jul 2012, 5:21 am by Yvonne Daly
This decision, Damache v DPP [2012] IESC 11 (discussed here), found that s.29(1) of the Offences Against the State Act 1939, which had been in operation for the past 36 years having been inserted by s.5 of the Criminal Law Act 1976, was contrary to the Constitution. [read post]
27 Feb 2012, 7:44 am by Yvonne Daly
Damache v DPP [2012] IESC 11 centred on the constitutionality of s.29(1) of the Offences Against the State Act 1939, as amended by s.5 of the Criminal Law Act 1976. [read post]
1 Jul 2011, 12:30 am by Yvonne Daly
Indeed, the courts are of the view that an order to prohibit prosecution should only be given in exceptional circumstances (see, for example, the dicta of Denham J. in RC v DPP [2009] IESC 32 at para 10). [read post]
9 Mar 2011, 1:45 am by Liam Thornton
(See, Fajujonu v Minister for Justice [1990] 2 IR 151). [read post]
24 Feb 2011, 5:01 am by INFORRM
Justice Denham, they have on every occasion refrained from doing so. [read post]
13 Feb 2011, 9:00 pm by Sinead Ring
Denham and Fennelly JJ, who delivered the leading judgments, held that it is the trial court’s duty to protect due process and that the applicant had not demonstrated that he would suffer any disadvantage in a fourth trial. [read post]
21 Nov 2010, 6:01 am by INFORRM
The award is the highest award of damages for defamation in the history of the State. [read post]
10 Jul 2010, 1:45 am by Mairead Enright
Yesterday saw the Supreme Court judgment in Izevbekhai v. [read post]
6 Nov 2007, 10:14 pm
In collaboration with Denham Grey, and other knowledge experts, S2KM advises clients about their Web 2.0 strategies. [read post]