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  • Article

    Litigation Funding In Ireland To Be Considered By The Irish Supreme Court

    The Supreme Court is to hear an appeal which may have significant implications for professional third party litigation funding in Ireland.
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    The Microsoft Saga – How Do The Arguments Stack Up?

    In last week's post, we looked at the recent involvement of the Irish Government in the case of Microsoft Corporation v United States.
    IrelandPrivacy
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
Article

That's A Wrap! CJEU Rules On Use Of "Click-Wrapping" For Accepting Jurisdiction In Online B2B Contracts

The Court of Justice of the European Union ("CJEU") has recently confirmed that "click-wrapping" can be relied upon for accepting jurisdiction in an online agreement.
European UnionCorporate/Commercial Law
Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
  • Article

    Procurement Opinion Of Advocate-General Wathelet, 18 December 2014

    The Opinion of the Advocate-General was given on a reference by a Portuguese Court for a preliminary ruling by the Court of Justice of the EU in the above matter.
    European UnionGovernment, Public Sector
    Arthur Cox
    Arthur Cox
  • Article

    European Union General Court Judgment Issued In Community Trademark Dispute Case

    On June 4 2015 the General Court issued its judgment in Stayer Iberica SA v Office for Harmonisation in the Internal Market (Case T-254/13).
    European UnionIntellectual Property
    Matheson
    Matheson
  • Article

    General Court Considers Community Equivalent Of US ‘Morehouse Defence’

    In Argo Group International Holdings Ltd v Office for Harmonisation in the Internal Market, the General Court has upheld the decision of the Second Board of Appeal of OHIM.
    European UnionIntellectual Property
    Matheson
    Matheson
  • Article

    IP Update: Tough Break For Nestlé On KIT KAT Shape Mark Registration

    The Court of Justice of the European Union ("CJEU") has today handed down its much anticipated decision in Case C‑215/14- Société des Produits Nestlé SA v Cadbury UK Ltd.
    European UnionIntellectual Property
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Anti-Suit Injunctions In The EU: The Beginning Of The End Of West Tankers?

    The CJEU recently revisited the question of anti-suit injunctions and decided that such an injunction can be enforced in member states without offending against EU Law.
    European UnionLitigation, Mediation & Arbitration
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    EU Hits Pause On Third‑Party Litigation Funding: What's Next?

    The European Commission has confirmed that it will not progress the regulation of Third-Party Litigation Funding (TPLF).
    European UnionLitigation, Mediation & Arbitration
    McCann FitzGerald LLP
    McCann FitzGerald LLP
  • Article

    "Members Only Club": Court Of Appeal Upholds Appropriateness Of Confidentiality Rings/Clubs For Discovery

    A recent decision of the Court of Appeal shows that the Irish courts are willing to impose confidentiality rings in specific circumstances.
    European UnionLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    ‘Right To Be Forgotten' Going Global – French Regulator Orders Takedown On ‘.Coms'

    In the wake of the Google Spain decision, debates have continued as to whether non-EU search domains can be subject to ‘right to be forgotten' requests for content removal.
    European UnionPrivacy
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Consumer Representative Actions: Designation Of Ireland's First 'Qualified Entity'

    On 30 April 2024, the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (‘Act') came into operation, introducing a new legal framework...
    IrelandConsumer Protection
    Dillon Eustace
    Dillon Eustace
  • Article

    High Court Decision Highlights Need To Understand Blameworthiness Of All Wrongdoers Before Settling

    On 4 December 2018 the High Court gave judgment on a preliminary issue in favour of the Defendant, HSBC Institutional Trust Services DAC ("HTIE") in a claim for $141 million taken against it by Defender Limited ("Defender").
    IrelandCorporate/Commercial Law
    Matheson
    Matheson
  • Article

    Restriction Of Directors: 'Passive Director' Defence Fails

    In a recent decision, the Court of Appeal upheld a High Court finding, which granted a declaration under section 819 of the Companies Act 2014 (CA 2014), restricting the appellant director (Appellant) from acting...
    IrelandCorporate/Commercial Law
    William Fry LLP
    William Fry LLP
  • Article

    Court Of Appeal Decision Marks Radical Departure From Normal Media Reporting Regarding Deceased Child Victims Of Crime

    A recent decision of the Court of Appeal that the media cannot name a deceased child victim of crime, on account of a provision of the 2001 Children Act has been met with concern...
    IrelandCriminal Law
    RDJ LLP
    RDJ LLP
  • Article

    Irish Court Rules On Lawfulness Of Use Of CCTV In Disciplinary Proceedings

    The Irish Court of Appeal has handed down a decision (DPC v Doolin) relating to the alleged misuse of CCTV by an employer in disciplinary proceedings relating to an employee taking unauthorised breaks.
    IrelandEmployment and HR
    Littler Mendelson
    Littler Mendelson
  • Article

    The Uber Case

    We look at the distinction between employees and independent contractors in light of the recent cases against "on demand" technology companies.
    IrelandEmployment and HR
    Matheson
    Matheson
  • Article

    High Court Delivers A Blow To Warehousing By Lenders

    On 22 May 2017, the High Court delivered judgment in favour of two homeowners allowing a significant write-down of their mortgage debt and rejecting a proposal by their lender...
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    The Standard Of Proof For Service Of Demand Letters – Ruling In ‘Declan Mcdonald v Thomas Michael Hill’ [2014] IEHC 629 (Judgment Delivered 25 November 2014)

    The central issue in this case is the standard of proof that the Bank must demonstrate to prove that a letter of demand had been sent prior to the appointment of a receiver.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Legal News - March 25

    Welcome to our March 2025 edition of Legal News.
    IrelandGovernment, Public Sector
    William Fry LLP
    William Fry LLP
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