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  • Article

    Confidence In Legal Professional Privileged Upheld In UK Court Of Appeal

    A recent Court of Appeal finding in the UK has provided both Corporate Counsel and external lawyers
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    Discount Rate In Ireland And The UK

    The 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 & Arbitration
    Dillon Eustace
    Dillon Eustace
Article

Four Sets Of Defamation Proceedings To Be Heard Simultaneously

The defendants argued that there was a substantial overlap of evidence, witnesses, issues of law and alleged losses claimed by the plaintiff.
IrelandLitigation, Mediation & Arbitration
William Fry LLP
William Fry LLP
  • Article

    Incorporating Contractual Terms By Reference

    By way of background, the plaintiff was the national agency which took over defaulting loans from the State’s banks.
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    Landmark Supreme Court Judgment On Evidence

    The 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 & Arbitration
    Matheson
    Matheson
  • Article

    Litigation 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 & Arbitration
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Penalty Clauses – Recent Supreme Court View

    Parties 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 & Arbitration
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Solicitors' Professional Indemnity Insurance Regulations Do Not Create Third-Party Rights

    A number of recent High Court decisions have confirmed that third-party rights against insurers in Ireland are restricted.
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    The 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 & Arbitration
    Beale & Co
    Beale & Co
  • Article

    Third Party Funding In International Arbitration

    The 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 & Arbitration
    Eversheds Sutherland Ireland
    Eversheds Sutherland Ireland
  • Article

    Increase In Court-Ordered Residential Repossessions In Ireland

    A 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 Construction
    Arthur Cox
    Arthur Cox
  • Article

    Supreme Court Delivers Key Decision On Possession Proceedings In Circuit Court

    In 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 Construction
    Arthur Cox
    Arthur Cox
  • Article

    Mental Health Case Law Update

    The 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 Sciences
    Arthur Cox
    Arthur Cox
  • Article

    High Court Refuses Leave For Post Mediation Tender On Basis Of Litigation Disadvantage

    This case highlights the potential risk in waiting until a very late stage in proceedings to make a tender offer.
    IrelandInsurance
    Matheson
    Matheson
  • Article

    High Court Awards €16,000 For Failure To Risk Assess A Workstation

    High 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 HR
    Arthur Cox
    Arthur Cox
  • Article

    Enforcing Tainted Contracts

    Banks 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 Banking
    Maples Group
    Maples 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 & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    Enforcement Of Judgments: Clarification From The High Court On NI Judgment Recognition

    Post-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 & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Ireland Ranked First In The World For Order And Security In 2022 World Justice Project Survey

    The 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 & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    Penalty Clauses And Enforcement Issues

    Flynn & Anor v Breccia [2018] IECA 273; Sheehan v Breccia & Ors [2018] IECA 286
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Showing 101–120 of 883 results

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