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ARTICLE · 25 JULY 2023

Government Approves The Adoption Of State Litigation Principles

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The government has approved the State Litigation Principles, which are intended to act as guidelines in the conduct of litigation by the State (Principles).

IrelandLitigation, Mediation & Arbitration

The government has approved the State Litigation Principles, which are intended to act as guidelines in the conduct of litigation by the State (Principles).

An accompanying press release states that The Principles, apply where the State (through the Government, a Minister of the Government, a Department of State or an agency under its direct control) engages in litigation.

In his speech on 21 June, Attorney General Rossa Fanning SC summarised the intention behind the codification of best practice as follows:

Quite simply, the State should act in the public interest, broadly construed, in pursuing litigation and should consider this broader public interest before taking certain procedural steps in litigation. In drafting the Principles, I have had regard for the best endeavours that the State must strive to make in fulfilling the very high standards which are expected of its conduct.

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