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  • Article

    Lay Litigants & Adjournments On Medical Grounds

    The English High Court considered this question recently in a case involving a lay litigant who alleged that a cognitive impairment meant that he was unable to properly conduct the proceedings.
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Little Leeway For Tardy Irish Defamation Claimants

    In a previous insight here, RDJ examined the 2018 case of Noirin O'Sullivan v Irish Examiner where the High Court refused former Garda Commissioner Noirin O'Sullivan an extension of time within...
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
Article

Loan Portfolio Price A Relevant Factor In Irish Unjust Enrichment Claim

In this update, Kevin Harnett and Karole Cuddihy examine the recent decision of the Irish Court of Appeal in Promontoria (Aran) Ltd v Sheehy [2020] IECA 104.
IrelandLitigation, Mediation & Arbitration
Maples Group
Maples Group
  • Article

    Modest Damages For Minor Personal Injuries

    Damages for pain and suffering in personal injury claims have been cut by up to 50% in a number of recent Court of Appeal decisions.
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Newcastle United FC Fail In Attempt To Remove Arbitrator To Hear Dispute Over Proposed Takeover

    Newcastle United Football Club (Newcastle) recently applied to remove the chair of the arbitration panel due to consider the Premier League's rejection of a proposed takeover of the club.
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
  • Article

    Oireachtas Approval Will Not Be Sought For Proposed Changes To Personal Injury Guidelines

    The Taoiseach has told the Dáil that the government will not be bringing a resolution to the Oireachtas seeking its approval of the proposed draft amendments to the Personal Injury Guidelines.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Professional Negligence And The Duty Of Care: Lessons From The High Court

    The owner of Derrybawn House in County Wicklow engaged a contractor and a supervising architect in respect of refurbishment works (Works) at the property.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    The Russell Decision: The "Real Rate Of Return" Case

    The Court of Appeal recently upheld the decision of the High Court in Gill Russell (a minor) v HSE, to reduce the real rate of return from the traditional 3% to a rate of return of between 1% and 1.5%.
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Two Recent Milestones In Japanese Knotweed Litigation

    In a previous article (April 2017) the case of Williams & Waistell v Network Rail was discussed. In this landmark case, a Cardiff Court found Network Rail responsible for an actionable nuisance
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    Who Should Sue – A Bare Trustee Or A Beneficial Owner?

    In the recent case of Pepper Finance Corporation (Ireland) DAC v Jenkins & anor, the High Court determined who should initiate enforcement proceedings.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Awards Of Damages For Data Protection Breaches – UK And Irish Approaches Contrasted

    The recent ruling of the UK Court of Appeal in Google v Vidal-Hall is another divergence in the approach of the UK and Irish courts to data protection.
    IrelandPrivacy
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Position Of Landlord Pending Completion Of Registration Of Title – Supreme Court Decision (15th May 2015)

    In Camiveo Limited v Dunnes Stores, the Supreme Court, confirming earlier judicial precedent, held that notwithstanding the obligation of first registration...
    IrelandReal Estate and Construction
    Dillon Eustace
    Dillon Eustace
  • Article

    Rebalancing Responsibility Between The Occupier And Visitor – Proposed Amendments Occupiers' Liability Act 1995

    Important 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 Construction
    RDJ LLP
    RDJ LLP
  • Article

    Significant Delay Fatal To Judicial Review

    In an interesting judgment delivered by Mr Justice David Barniville in the High Court on 24 January 2018 in SC SYM Fotovoltaic Energy SRL v Mayo Co Council, Aeolus Wind Farms Limited and ESB Networks Limited ...
    IrelandReal Estate and Construction
    Philip Lee
    Philip Lee
  • Article

    Stopping The ‘DRIP' Of Data – UK High Court Finds Revised Data Retention Legislation Unlawful

    Across the EU, data retention legislation stemming from the now defunct Data Retention Directive has been subject to challenge.
    European UnionPrivacy
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Green Light Given To Central Bank Inquiry

    The Central Bank of Ireland's administrative sanctions procedure received a strong endorsement in a High Court judgment delivered in January.
    IrelandFinance and Banking
    Matheson
    Matheson
  • Article

    Crystallisation Of Floating Charges

    Charge holders should exercise caution before any attempt is made to crystallise a floating charge.
    IrelandInsolvency/Bankruptcy/Re-Structuring
    Reddy Charlton Solicitors
    Reddy Charlton Solicitors
  • Article

    Irish Court Of Appeal Joins Google As Defendant In Defamation Proceedings

    As discussed in our July 2024 article, the High Court in Gilroy and Byrne v O'Leary [2024] IEHC 349 applied section 11(3B) of the Statute of Limitations 1957...
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
  • Article

    Landmark Element Six Decision Provides Clarity On The Duties Of Pension Scheme Trustees

    Matheson successfully defended the trustees of the Element Six Contributory Pension Plan in a claim taken against them by members of the Plan.
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    Legal News - February 2023

    Welcome to the February 2023 edition of Legal News. Here is a selection of our recent publications on subjects that may affect you or your business.
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
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