The Public-Private Divide Again

A decision from the Irish High Court in the long-running saga of Dontex Ltd. v. Dublin Docklands Development Authority, [2012] IEHC 318 is a useful example both of the division between private law and public law and of judicial reluctance to bar claims on the basis that the parties have chosen the wrong juridical route.

Some Recent Decisions on Regulators' Investigative Powers

A helpful way to keep up with recent legal developments in Canada is to follow the output of the country's leading law firms.

Knowing who your friends are (and what that might do to you)

An interesting decision from the Federal Court of Canada today, the latest installment in a long-running labour relations saga at Canada Post.

The Public/Private Divide and Scope of Judicial Review

An individual aggrieved by a governmental decision may have two choices: sue the government for damages, or seek judicial review. Some of the most difficult questions in administrative law arise on the border between a civil suit (private law) and judicial review (public law).

A Bad Day for NAMA

Ireland's National Asset Management Agency won a High Court legal battle against Treasury Holdings earlier this week, but it may end up losing the war. Finlay Geoghegan J.'s judgment, [2012] IEHC 297, cannot have been well received at NAMA headquarters. Over at NAMA Wine Lake, the editors wonder out loud "if indeed the Agency is panicking at the prospect of floodgates of legal action in the wake of yesterday’s judgment".

Curial Deference, Irish style

Karole Cuddihy passes along an interesting Irish High Court decision. In the following passage, from EMI Records (Ireland) Ltd. v. The Data Protection Commissioner, [2012] IEHC 264, the ever-reliable Charleton J. describes the place of deference in Irish law. I think it also functions as a serviceable description of prevailing English law:

That's the Spirit -- Airline Challenge to Advertising and Fees Regulations Fails

Nothing new under the sun is to be found in Spirit Airlines v. Department of Transportation, but the facts are interesting.