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  • Article

    A Contractual Obligation To Act Rationally? The Braganza Duty In An Irish Context

    English courts have, for a number of years, recognised that there is an implied duty on a party exercising contractual discretion to do so reasonably or rationally, often referred to as a ‘Braganza duty'.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    How Long Have You Got? Time Limits For Bringing Claims

    It is an important element of any commercial relationship that you may enter into, to understand how long you may owe a potential liability to other parties or indeed ...
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Irish High Court Grants Anti-Suit Injunction To Protect Integrity Of Liquidation

    An anti-suit injunction is a form of relief that restrains a party from commencing or continuing foreign proceedings. The injunction operates against the person to whom it is directed...
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
  • Article

    Limitation Periods And Investment Schemes

    The High Court in Cantrell has recently determined a number of preliminary issues involving the circumstances that will bar a plaintiff's claim under the Statute of Limitations.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Technology and Commercial Contracts Update

    The London Technology & Construction Court (a division of the English High Court) yesterday issued judgment in a long running case between BSkyB and Electronic Data Systems (now HP Enterprise Services).
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    Construction Law Update: Adjudication Going Strong As Irish Courts Enforce Fourth Decision

    For the fourth time the High Court in Ireland has enforced a decision of an adjudicator, following reference of a payment dispute to adjudication under the Construction Contracts Act 2013.
    IrelandReal Estate and Construction
    Arthur Cox
    Arthur Cox
  • Article

    Dealing With Construction Material Price Inflation? Changes To Public Works Contracts

    The Office of Government Procurement (OGP) has published interim amendments to the standard form Public Works Contracts under the Capital Works Management Framework (CWMF).
    IrelandReal Estate and Construction
    William Fry LLP
    William Fry LLP
  • Article

    Goodbye To ‘Pay When Paid’? Improving Cash Flow In Construction

    Pay when paid and pay when certified clauses developed within the construction industry to deal with the risk of the ultimate employer failing to make payment to the main contractor for works undertaken
    IrelandReal Estate and Construction
    Arthur Cox
    Arthur Cox
  • Article

    Matheson Construction: In The Works Q2

    Matheson's quarterly construction bulletin examines recent developments in Ireland's construction and infrastructure sectors, including the introduction of a simplified Building Energy Rating scale, the practical implications of force majeure clauses amid global conflicts, and key court decisions on construction contract amendments.
    IrelandReal Estate and Construction
    Matheson
    Matheson
  • Article

    Matheson Construction: In The Works Q3

    Matheson's quarterly construction bulletin examines recent developments in Ireland's construction and infrastructure sectors, including a simplified Building Energy Rating scale...
    IrelandReal Estate and Construction
    Matheson
    Matheson
  • Article

    Publication Of Details Of The New 10% Stamp Duty Rate For Bulk Buying Houses

    Following our briefing yesterday in respect of the Government press release on the proposal to impose a stamp duty rate of 10% on the purchase of ten or more residential units...
    IrelandReal Estate and Construction
    Arthur Cox
    Arthur Cox
  • Article

    The Construction Contracts Act 2013: Improved Cashflow And Statutory Adjudication For The Irish Construction Industry

    The Construction Contracts Act, 2013 was enacted by Dail Eireann on 29 July 2013, over three years since Senator Feargal Quinn initiated the legislation by introducing a private members bill to Seanad Eireann in 2010.
    IrelandReal Estate and Construction
    Arthur Cox
    Arthur Cox
  • Article

    Court Of Appeal Confirms There Is No General Duty Of Good Faith In Irish Contract Law

    A recent Court of Appeal decision has restored certainty that, under Irish law, there is no general duty of good faith in the context of commercial contracts.
    IrelandCorporate/Commercial Law
    Matheson
    Matheson
  • Article

    Withholding Consent In A Commercial Context – What’s Reasonable?

    In the recent case of Porton Capital Technology Funds & Ors v 3M UK Holdings Ltd & Anor, the English High Court considered the relevant principles to be applied where a Share Purchase Agreement ("SPA") provided that the purchaser of the business could not cease to carry on the business without the vendor’s consent.
    IrelandCorporate/Commercial Law
    Matheson
    Matheson
  • Article

    Digital Transformation – Addressing Legal And Compliance Challenges

    For many organisations, initiating or completing digital transformation projects has been a key strategic objective in recent years. The onset of the COVID-19 pandemic has ...
    IrelandCorporate/Commercial Law
    Arthur Cox
    Arthur Cox
  • Article

    Irish High Court Approves First Cross-Border Conversion Into Ireland

    The Irish High Court (Court) recently made an Order under Regulation 20 of the European Union (Cross-Border Conversions, Mergers and Divisions) Regulations 2023 (as amended)...
    European UnionCorporate/Commercial Law
    William Fry LLP
    William Fry LLP
  • Article

    New Obligations For Online Traders

    Online traders who trade with consumers must now include information on their websites about the EU online dispute resolution (ODR) platform launched last month.
    European UnionCorporate/Commercial Law
    Arthur Cox
    Arthur Cox
  • Article

    The Evolving Landscape Of Global Climate Change Litigation: Perspectives For 2026

    Climate related litigation continues to evolve, with several recent landmark decisions shaping the global legal landscape. In this update, we consider the broad trends in recent climate litigation...
    GlobalEnvironment
    McCann FitzGerald LLP
    McCann FitzGerald LLP
  • Article

    Common Law Rights and Remedies

    The general rules governing the implication of terms by the courts, which apply to general contracts, also apply in the same way to construction contracts.
    IrelandCorporate/Commercial Law
    Arthur Cox
    Arthur Cox
  • Article

    Episode V: The OPW Strikes Back!

    High Court clarifies circumstances where a judicially reviewed tender may nonetheless be fully implemented pending trial.
    IrelandCorporate/Commercial Law
    RDJ LLP
    RDJ LLP
  • Showing 121–140 of 420 results

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