The Fifth Court - DSBA Legal Podcast of the Year - E61 The Fifth Court, Helen Dixon, 'Billions of Euro of fines not yet collected', outgoing Data Protection Commissioner

E61 The Fifth Court, Helen Dixon, 'Billions of Euro of fines not yet collected', outgoing Data Protection Commissioner

02/13/24 • 35 min

The Fifth Court - DSBA Legal Podcast of the Year

E61 The Fifth Court

Hosts Peter Leonard BL and Mark Tottenham BL have a wide ranging discussion with outgoing Data Protection Commissioner, Helen Dixon, about all things data protection, including the newest redress arising out of the 2018 GDPR Act, that allows for 'non material damage'.

Amongst many insights she gives she says that there is excessive citing of GDPR by companies and organisations regarding access to data. Her office regulates most of the Big Name tech companies due to having their 'control around decision making' in Ireland (regardless of where the bulk of their business is done). She says her office has imposed billions of Euro in fines, though due to legal appeals only some tens of millions of Euro has been collected so far (that money goes to Ireland's central exchequer). Helen ends her ten years tenure as Commissioner soon and will shortly join Comreg as one of of three commissioners.

Her book recommendation is The Kidnapping (about the kidnapping of Don Tidey)

Her movie choice is 'Patrick a young Traveller lost'. (RTE Player)

The hosts also look at three cases from the Decisis.ie casebook including:

A case involving 'an expression of doubt' in a tax case that was referred to as a 'questionable tax avoidance mechanism'.
A 'delay case' in a claim against an architect that went right back to 2012.
A case involving an expert witness on 'monkey bars' in a children's playground, and an expert report that was not produced in court.

Hosted on Acast. See acast.com/privacy for more information.

E61 The Fifth Court

Her book recommendation is The Kidnapping (about the kidnapping of Don Tidey)

Her movie choice is 'Patrick a young Traveller lost'. (RTE Player)

The hosts also look at three cases from the Decisis.ie casebook including:

A case involving 'an expression of doubt' in a tax case that was referred to as a 'questionable tax avoidance mechanism'.
A 'delay case' in a claim against an architect that went right back to 2012.
A case involving an expert witness on 'monkey bars' in a children's playground, and an expert report that was not produced in court.

Hosted on Acast. See acast.com/privacy for more information.

Previous Episode

E60 The Fifth Court - Ian Drennan, Chief Executive Officer, Corporate Enforcement Authority

E60 The Fifth Court

Interlocutors, Peter Leonard BL and Mark Tottenham BL, put the CEO of the Corporate Enforcement Authority, Ian Drennan, under the spotlight.

An accountant, Ian worked on the infamous DIRT inquiry during his time with the Comptroller and Auditor General's office and he discusses those times. In 2002 he moved to the nascent Office of Director of Corporate Enforcement, that now employs 80 people. He details the difference between the two bodies, the CEA and ODCE. The CEA has the powers of search, seizure and arrest that may come as a surprise to some. Ian's office receive up to 800 company liquidator reports a year and each one has to be examined, and challenged where appropriate. In about a third of the cases they review, further investigation may be merited.

He recommends a book, Administrative Law Nutshell that gives a comprehensive overview of Irish administrative law.

And as always Mark and Peter also look at three recent high profile cases from the Decisis Law Reports casebook

In the first case, it concerns an Isaac Wunder order, an order issued restricting the ability of a vexatious litigant to institute legal proceedings without leave from that or another court, whether for a specified period of time or indefinitely. (Named after Isaac Wunder, an Irishman who became notorious for instituting a number of actions that were subsequently deemed by the court to be frivolous or vexatious)
The 2nd case is a labour law case where a fireman claimed he was working during his time being on 'standby'. Spoiler. You're not working while you're waiting by the telephone for that 'call to action' call.
A case where there was a delay of three and a half years in 'road rage' proceedings was deemed acceptable by the High Court.

Hosted on Acast. See acast.com/privacy for more information.

Next Episode

E62 The Fifth Court - Northern Ireland Troubles Legacy Act. Solicitor Darragh Mackin, "You wouldn't see the likes of it in Russia"

Episode 62, hosts Peter Leonard BL and Mark Tottenham BL, discuss the Northern Ireland Troubles Legacy Act 2023 - an extremely controversial piece of legislation with well-known solicitor Darragh Mackin. "You wouldn't see the like of it in Russia."

Darragh Mackin of Belfast based Phoenix Law, has been described as ‘a rising star on the international legal scene. In 2016, Darragh was the first ever Ireland based Lawyer to win, an award at the prestigious London Legal Aid Lawyer of the Year Awards. He has developed a specialist practice in Human Rights, Public Law, Actions against Public Authorities and International law. He continues to appear in some of the most complex Inquests and Inquiries in Ireland, acting for 47 of the families in the Stardust Inquest and appearing in the Ballymurphy Inquest.

Darragh's cultural recommendations are 'Are You With Me?: Kevin Boyle and The Rise of the Human Rights Movement by Mike Chinoy and Spider Woman: A Life

Book by Brenda Hale, Baroness Hale of Richmond

As always Peter and Mark take a look at three recent cases from the Decisis Law Reports casebook

A case involving 37 aircraft, valued at $2 billion, allegedly owned by a Russian company (in liquidation) that in turn said had given a 'pledge agreement' against their value to a 'connected company', but hadn't been registered as a charge, therefore were null and void. Those pledge agreements 'fell away'.
A case involving a medical practitioner accused of rape. The Medical Council sought to suspend the accused from practice. The dilemna here is the 'presumption of innocence' versus the 'protection of the public'. He was allowed to continue to practice as long as he was chaperoned. Investigations continue.
A case about the valuation of land, however brought 'out of time'.

Hosted on Acast. See acast.com/privacy for more information.