ArticleWide Range Of Changes To Civil LawThe Civil Law (Miscellaneous Provisions) Act 2011 was signed into law on 2 August 2011. With certain exceptions, all of the provisions of the Act are in effect from that date. IrelandLitigation, Mediation & ArbitrationMatheson
ArticleNegligent Valuations – "Thinking Of Selling" Letter Still A ValuationBrownrigg v. Leacy related to a claim for damages by the plaintiff, Mr Frank Brownrigg, arising from the alleged negligence of the defendants.IrelandLitigation, Mediation & ArbitrationMatheson
ArticleWill Marie Fleming Right-To-Die Case Live On?Marie Fleming's challenge under Irish law to the ban on assisted suicide came to an end on April 29 2013. IrelandGovernment, Public SectorMatheson
ArticleRebalancing Responsibility Between The Occupier And Visitor – Proposed Amendments Occupiers' Liability Act 1995Important reforms were approved by Cabinet recently which seeks to strike a balance with a property owner's duty of care, whether they are a business or otherwise with the personal responsibility...IrelandReal Estate and ConstructionRDJ LLP
ArticleLitigation Funding In Ireland To Be Considered By The Irish Supreme CourtThe Supreme Court is to hear an appeal which may have significant implications for professional third party litigation funding in Ireland.IrelandLitigation, Mediation & ArbitrationArthur Cox
ArticleSpeak Now Or Forever Hold Your Peace: Jurisdictional Arguments And Objections Before The Irish High CourtThe Irish High Court has confirmed that parties seeking to raise jurisdictional points under the Brussels Regulation must do so clearly and at the earliest available opportunity.IrelandCorporate/Commercial LawMason Hayes & Curran LLP
ArticleClosure Of Deadline For Submissions On The Law Reform Commission's Consultation Paper On Third Party Litigation FundingOn 17 July 2023, the Law Reform Commission published a comprehensive Consultation Paper setting out various considerations regarding the potential legalisation...IrelandLitigation, Mediation & ArbitrationArthur Cox
ArticleFirst Ever Representative Action Launched In Ireland By The Irish Council For Civil LibertiesThe Irish Council for Civil Liberties has initiated Ireland's first representative action. The action has been taken against Microsoft on behalf of affected people in Ireland.IrelandLitigation, Mediation & ArbitrationAddleshaw Goddard
Article‘It’s Good To Talk’: High Court Clarifies Impact Of CCMA Engagement With Borrowers After Proceedings CommenceThe High Court has ruled on whether lenders must halt possession proceedings after re-engaging with borrowers under mortgage arrears protocols. This case examines the interplay between the Code of Conduct on Mortgage Arrears and ongoing court proceedings, clarifying when post-commencement borrower communications affect a lender's ability to obtain possession orders. IrelandLitigation, Mediation & ArbitrationRDJ LLP
ArticleThird Party Litigation Funding In Ireland: Recent DevelopmentsOn 17 July 2023, the Law Reform Commission (‘LRC') published a Consultation Paper on third-party litigation funding in Ireland (‘Consultation Paper'). IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleSanofi Pasteur SA: An Important ECJ Ruling On Defective ParoductsThe European Court of Justice has issued a landmark preliminary ruling in Sanofi Pasteur SA that clarifies the relationship between strict liability under the Product Liability Directive and fault-based liability claims under national law.IrelandConsumer ProtectionWilliam Fry LLP
ArticleCross-Border Disputes –- The Recast Brussels RegulationLike its predecessor, the Recast Regulation does not apply to arbitration. IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleGallagher -v- ACC Bank Plc And The Implications For Claim Periods Under The Statute Of LimitationsThe Supreme Court’s unanimous ruling in Gallagher v ACC Bank [2012] IESC 35 has to some extent clarified the rules governing the time within which claimants must institute negligence proceedings in respect of financial loss. IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleNew Digital Court Rules To Modernise Civil ProceedingsOn 31 January 2025, a new statutory instrument came into force providing for significant changes to the Rules of the Superior Courts ("RSC").IrelandLitigation, Mediation & ArbitrationMatheson
ArticleReform Or Overhaul Of Judicial Review? Insights On Aspects Of The General Scheme Of The Civil Reform BillOn 6 January, the Government published the General Scheme of the Civil Reform Bill (the "General Scheme" or the "Bill") which includes various proposed measures, not only to reform judicial review...IrelandLitigation, Mediation & ArbitrationMcCann FitzGerald LLP
ArticleIs The Irish Court Of Appeal Becoming Stricter On Delay?Legal proceedings in the civil courts in Ireland have historically had a poor reputation for delay.IrelandInsuranceMason Hayes & Curran LLP
ArticleSome Topical Issues In Construction LawConstruction litigation is complex, as not only are lawyers heavily reliant on expert reports but there are legal defences that will be raised which must be overcome before those reports even become relevant.IrelandReal Estate and ConstructionStephen O'Sullivan, Barrister
ArticleGallagher -v- ACC Bank Plc Statute Of LimitationsThe Supreme Court’s unanimous ruling in Gallagher v ACC Bank [2012] has to some extent clarified the rules governing the time within which claimants must institute negligence proceedings in respect of financial loss. IrelandLitigation, Mediation & ArbitrationDillon Eustace
ArticleSupreme Court Suggests A Second Layer Of Appeal May Lie In Certain Circuit Court CasesOn 7 February, 2018 the Supreme Court issued a Determination in the case of Gearoid Costelloe v Dominic Carney & Niamh Carney [2018] IESCDET 28 (per Clarke CJ, McMenamin J. and O'Malley J.)IrelandLitigation, Mediation & ArbitrationRDJ LLP
ArticleExpert Comment - Data Protection IrelandThis year has been another interesting year for data protection. IrelandPrivacyArthur Cox