ArticlePublic Procurement Case Law Update: Sanofi v HSELife Sciences businesses eagerly awaited the High Court judgment of 12 October on Sanofi v HSE. IrelandGovernment, Public SectorMatheson
ArticleEuropean VAT Decision On Real Estate Investment FundsThe case was brought by a Dutch fund manager that provided its services to several Dutch real estate funds. European UnionFinance and BankingMatheson
ArticleThe 6th Motor Insurance Directive: New Regulations In ForceThe 6th Motor Insurance Directive, Directive (EU) 2021/2118 (‘2021 Directive'), was published in the Official Journal of the EU on 02 December 2021...European UnionInsuranceDillon Eustace
ArticleWhen The Levee Breaks: UK Court Quashes Levy-Free Private Copying ExceptionPursuant to copyright law in both the UK and Ireland, the creator of a work has a number of exclusive rights that they can exercise to restrict others from using their work. European UnionIntellectual PropertyMason Hayes & Curran LLP
ArticleGDPR Compensation: Some Welcome Clarity From The CJEUThe Court of Justice of the European Union (the "CJEU") has issued a decision on the requirements to fulfil a damages claim under Article 82 GDPR.European UnionPrivacyArthur Cox
ArticleInvoking The ‘State Of The Art Defence'? Be Prepared To Back It Up Pre-TrialDefendants to product liability claims seeking to rely on the 'state of the art' defence must be prepared to provide full particulars (or details) of the facts which they say support the defence prior to trial.IrelandConsumer ProtectionArthur Cox
ArticleLiquidator's Actions Amounted To NegligenceIn a recent High Court decision, it was ruled that the liquidator not only failed in his application before the court, but in bringing forward an application that was 'doomed to fail'...IrelandCorporate/Commercial LawWilliam Fry LLP
ArticleStaying Proceedings To Arbitration: Full Judicial Consideration Test ConfirmedThe extent of the Court’s powers under Article 8.1 of the Model Law on a stay application has been considered in two recent High Court cases.IrelandCorporate/Commercial LawMason Hayes & Curran LLP
ArticleSupreme Court Has The Final Say On Litigation TraffickingIn a landmark judgment delivered on 31 July 2018, the Supreme Court has ruled in the case of SPV OSUS Limited v HSBC Institutional Trust Services (Ireland) Limited & Ors [1] that the assignment...IrelandCorporate/Commercial LawMatheson
ArticleEducation Update: Award Of €255,000 To Special Needs Assistant For Bullying OverturnedWe recently represented the Board of Management of a school in its successful appeal against a High Court decision awarding €255,000 for the alleged bullying of a special needs assistant by school management.IrelandEmployment and HRMason Hayes & Curran LLP
ArticleNew Irish Revenue Guidance On Determining Employment StatusFollowing the Irish Supreme Court's unanimous decision in The Revenue Commissioners v Karshan (Midlands) Limited t/a Domino's Pizza (the "Karshan Case") in October 2023...IrelandEmployment and HRMatheson
ArticleLIBOR's Tough Legacy: English High Court Judgment Guides The WayThe English High Court has published a judgment on how a LIBOR-referencing contract should be interpreted now that LIBOR is no longer published as a benchmark rate.IrelandFinance and BankingMcCann FitzGerald LLP
ArticlePossession Orders And The Code Of Conduct On Mortgage ArrearsIn a judgment delivered on 15 May 2015, the Supreme Court has brought some clarity to the interaction between the Code of Conduct on Mortgage Arrears ("the Code")...IrelandFinance and BankingDillon Eustace
ArticleProprietary Claim Case LawThe Irish High Court held that if an investor has paid money to a firm based on a fraudulent misrepresentation, they have a proprietary claim to the payment.IrelandFinance and BankingMaples Group
ArticleSupreme Court Clarifies Application Of Bankers' Books Evidence ActsThe Supreme Court in the case of Ulster Bank v O'Brien holds that banks need not comply with the provisions of the Bankers' Books Evidence Acts when proving a claim for monies due from a defaulting borrower.IrelandFinance and BankingMatheson
Article"True Sales" In Receivables Financing TransactionsThe Court of Appeal's recent decision in Bank of Ireland v Eteams (International) Limited brings further important legal clarity for all forms of receivables finance transactions, as well as the "true sale" opinions ...IrelandFinance and BankingMaples Group
ArticleIrish Woman Loses Symphysiotomy High Court ActionOn May 1 2015 a 74-year-old woman lost her High Court medical negligence claim on the grounds that in 1963 prophylactic symphysiotomy was not a practice "without justification".IrelandFood, Drugs, Healthcare, Life SciencesMatheson
ArticleInsurance Update: 2015 Review2015 was another challenging year for the Irish insurance industry. The media spotlight fell on increasing premiums, particularly in the area of motor insurance. IrelandInsuranceMason Hayes & Curran LLP
ArticleInsurers Must Pay Costs Of Coming Off RecordA recent decision of the High Court provides some insight as to the extent to which an insurer may be liable to pay costs when it instructs its solicitors to come off record for an insured IrelandInsuranceDillon Eustace