Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 SEPTEMBER 2016

New Irish High Court Rules Aim To Reduce "Trials By Ambush"

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
Contributor
Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

Managing Partner: Will Carmody Chair: Philip Nolan Number of partners: 124 Languages: French,...

View firm profile
Explore more from Mason Hayes & Curran LLP

Rules of court procedure do not often generate much interest beyond a small circle of lawyers.

IrelandLitigation, Mediation & Arbitration
Nina Gaston
Nina Gaston
Author LinkedIn connections

Rules of court procedure do not often generate much interest beyond a small circle of lawyers. However, in Ireland, High Court rules are being introduced which could radically alter the culture of Irish civil procedure. We examine the scope of the rules and some practical implications. 

Until recently, there were two key differences in non-personal injury English and Irish civil court procedure:

  1. Irish Judges generally had a “hands off” approach to proceedings, the onus being on a party to take steps to compel a defaulting party to comply; and
  2. Apart from personal injury or Commercial Court cases, there was no obligation in Ireland to exchange expert reports or witness statements.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New High Court Practice Direction On The Responsible Use Of GenAI In Court Documents

The High Court has issued a new Practice Direction governing the use of generative AI in litigation, establishing mandatory disclosure requirements for affidavits, witness statements and expert reports. Legal practitioners must now ensure all AI-generated content is verified, accurate and compliant with professional obligations, with significant sanctions for non-compliance including costs orders and potential referral to regulatory authorities.
IrelandLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox
Article

Raising The Bar: Irish Supreme Court Confirms “strong Case” Test For Pre-trial Stays Of Regulatory Decisions

Ireland's Supreme Court has established a significantly higher threshold for obtaining interim stays on regulatory decisions that affect broad public interests. Companies challenging decisions by bodies like the Data Protection Commission must now demonstrate a "strong case" likely to succeed at trial, rather than merely an "arguable case," before courts will even consider granting temporary relief.
IrelandLitigation, Mediation & Arbitration
Matheson
Matheson
Article

Gatekeeping Justice: What 153 Supreme Court Determinations In 2025 Tell Us About Likely Trends For 2026

This article examines the Supreme Court's evolving role following Ireland's 2014 constitutional amendment, analyzing how the establishment of the Court of Appeal transformed the Supreme Court into a specialized tribunal for cases of exceptional public importance. Through a comprehensive review of 153 determinations made in 2025, the analysis explores the criteria for securing leave to appeal and identifies emerging trends in the application of the "Karshan factor" for leapfrog appeals.
IrelandLitigation, Mediation & Arbitration
McCann FitzGerald LLP
McCann FitzGerald LLP
Article

High Court Upholds Letters Rogatory Despite Non-disclosure At Ex Parte Stage

The Irish High Court has clarified the standards for material non-disclosure in ex parte Letters Rogatory applications, examining when procedural omissions warrant setting aside judicial assistance orders. This decision explores the balance between full disclosure obligations and the court's discretion to maintain orders where non-disclosure was inadvertent and no prejudice resulted.
GlobalLitigation, Mediation & Arbitration
Arthur Cox
Arthur Cox