ArticleConfidence In Legal Professional Privileged Upheld In UK Court Of AppealA recent Court of Appeal finding in the UK has provided both Corporate Counsel and external lawyers IrelandLitigation, Mediation & ArbitrationRDJ LLP
ArticleDiscount Rate In Ireland And The UKThe Supreme Court in Russell v The Health Service Executive (Unreported, Supreme Court Determination, 1 February 2017) [2017] IESCDET 10 has refused to hear an appeal on the discount rate...IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleFour Sets Of Defamation Proceedings To Be Heard SimultaneouslyThe defendants argued that there was a substantial overlap of evidence, witnesses, issues of law and alleged losses claimed by the plaintiff. IrelandLitigation, Mediation & ArbitrationWilliam Fry LLP
ArticleIncorporating Contractual Terms By ReferenceBy way of background, the plaintiff was the national agency which took over defaulting loans from the State’s banks.IrelandLitigation, Mediation & ArbitrationMatheson
ArticleLandmark Supreme Court Judgment On EvidenceThe Supreme Court delivered a landmark judgment in the case of DPP v JC [2015] IESC 31 where it articulated a new exclusionary rule concerning unconstitutionally obtained evidence.IrelandLitigation, Mediation & ArbitrationMatheson
ArticleLitigation Funding: A New Dawn?The issue of legal costs and how proceedings may best be funded has always been a source of great interest to lawyers and clients.IrelandLitigation, Mediation & ArbitrationMason Hayes & Curran LLP
ArticlePenalty Clauses – Recent Supreme Court ViewParties to a contract often agree that, in the event of a breach, the party that has committed the breach must pay the other party a specified sum of money. IrelandLitigation, Mediation & ArbitrationMason Hayes & Curran LLP
ArticleSolicitors' Professional Indemnity Insurance Regulations Do Not Create Third-Party RightsA number of recent High Court decisions have confirmed that third-party rights against insurers in Ireland are restricted.IrelandLitigation, Mediation & ArbitrationMatheson
ArticleThe Defence Of Illegality – A Flexible Approach - Stoffel & Co V Grondona [2020]The Supreme Court has handed down its decision in the case of Stoffel & Co v Grondona, in which it considers the much-debated defence of illegality and, in particular, the Court of Appeal's IrelandLitigation, Mediation & ArbitrationBeale & Co
ArticleThird Party Funding In International ArbitrationThe Courts and Civil Law (Miscellaneous Provisions) Act 2023 (the "Act") has been signed by the President and third-party funding ("TPF") of international arbitration will be permitted...IrelandLitigation, Mediation & ArbitrationEversheds Sutherland Ireland
ArticleIncrease In Court-Ordered Residential Repossessions In IrelandA total of 1,135 possession orders were made by the Irish courts in the first nine months of 2015. This is an increase of almost 70% on the same period in 2014, and a 350% increase on the same period in 2013.IrelandReal Estate and ConstructionArthur Cox
ArticleSupreme Court Delivers Key Decision On Possession Proceedings In Circuit CourtIn July 2016, the Court of Appeal held that the Circuit Court does not have jurisdiction to hear possession proceedings regarding non-rateable residential properties which are neither principal private residences...IrelandReal Estate and ConstructionArthur Cox
ArticleMental Health Case Law UpdateThe High Court rejected a challenge to a decision of the Mental Health Tribunal affirming an involuntary admission to an approved centre for treatment of a mental health disorder.IrelandFood, Drugs, Healthcare, Life SciencesArthur Cox
ArticleHigh Court Refuses Leave For Post Mediation Tender On Basis Of Litigation DisadvantageThis case highlights the potential risk in waiting until a very late stage in proceedings to make a tender offer. IrelandInsuranceMatheson
ArticleHigh Court Awards €16,000 For Failure To Risk Assess A WorkstationHigh Court awards €16,000 for failure to risk assess a workstation. Failure held not to be causative but a contributory factor in the development of a chronic inflammatory condition.IrelandEmployment and HRArthur Cox
ArticleEnforcing Tainted ContractsBanks and other financial institutions operate in a highly regulated environment. Issues frequently arise where an institution has breached a regulatory requirement but seeks to enforce its contractual rights.IrelandFinance and BankingMaples Group
Article"Beyond Concerning" - Seeking And Following Advice From The "Wrong Person"A recent High Court decision of Mr. Justice Heslin in Start Mortgages Limited v Michael Ryan and Agnes Ryan[1] , has sounded the klaxon for lay litigants...IrelandLitigation, Mediation & ArbitrationRDJ LLP
ArticleEnforcement Of Judgments: Clarification From The High Court On NI Judgment RecognitionPost-Brexit enforcement of UK judgments in Ireland has become more complex and costly under common law rules. A recent High Court decision clarifies that the Hague Convention on Choice of Court Agreements 2005 applies to default judgments, providing a streamlined pathway for cross-border enforcement when exclusive jurisdiction clauses are in place. IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleIreland Ranked First In The World For Order And Security In 2022 World Justice Project SurveyThe World Justice Project (WJP) earlier this month published its Rule of Law Index (The Index) for 2022. The index is generated from surveys of more than 150,000 households and 3,600 legal...IrelandLitigation, Mediation & ArbitrationRDJ LLP
ArticlePenalty Clauses And Enforcement IssuesFlynn & Anor v Breccia [2018] IECA 273; Sheehan v Breccia & Ors [2018] IECA 286 IrelandLitigation, Mediation & ArbitrationDillon Eustace