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  • Article

    Liability Of Professional Regulators For Legal Costs?

    In Teaching Council of Ireland v MP[1], following the dismissal of a teacher for gross misconduct, the school made a complaint to the Teaching Council.
    IrelandGovernment, Public Sector
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Irish Court Grants Injunction Against ISP To Adopt Graduated Response Scheme

    This is the first occasion that a court ordered or "common law" graduated response system has been imposed anywhere in the world.
    IrelandIntellectual Property
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
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

    A First In Ireland: Anti-Suit Injunctions

    The Irish High Court recently refused to grant an injunction to prohibit legal proceedings in the United States...
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Can A Medical Negligence Claim Continue After A Defendant's Death?

    What happens in a medical negligence case where the defendant medical practitioner dies before proceedings are issued?
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    Costs Risk In Appeals From The Irish Tax Appeals Commission

    The Finance (Tax Appeals) Act, 2015 introduced a new architecture for the hearing and determination of tax appeals
    IrelandLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Court Of Appeal Confirms Point Ireland Helicopters Jurisprudence

    Abbey International Finance Limited v Point Ireland Helicopters Limited [2012] 2 I.R. 694 (Point Ireland Helicopters) established that the High Court has an inherent jurisdiction to grant...
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
  • Article

    Court Of Appeal Gives Stark Warning To Legal Practitioners And Expert Witnesses

    A recent decision from the Court of Appeal (COA) has considered the role of expert witnesses, with Collins J describing the case as "disturbing" and expressing the hope "that its like will not be seen again".
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
  • Article

    Damage Limitation - Court Of Appeal Continues To Reduce Personal Injuries Awards

    The recent Court of Appeal decision in Leidig v O'Neill [2020] IECA 296 is the latest in a series of decisions in which general damages for personal injuries have been revised downward on appeal.
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Does The County Registrar Have Jurisdiction To Dismiss Repossession Proceedings For Want Of Prosecution?

    A recent High Court decision of Ms. Justice Hyland in Permanent TSB plc v Matthew Farrelly [2023] IEHC 255 has clarified the limited jurisdiction of the County Registrar to dismiss repossession proceedings...
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    Draft Amended Personal Injuries Guidelines Submitted To The Minister For Justice

    Further to a meeting of the Judicial Council on 31 January 2025, the draft amendments to the Personal Injuries Guidelines, (Draft Amended Guidelines) have been submitted to the Minister for Justice pursuant...
    IrelandLitigation, Mediation & Arbitration
    Dillon Eustace
    Dillon Eustace
  • Article

    Further High Court Judgments On Consent Settlement Orders In Personal Injury Cases

    Two recent judgments of the High Court have departed from the views on consent settlement orders in personal injury actions articulated by Mr Justice Twomey in Kuczack v Tracey Tyres...
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    High Court Rejects Defence Of Frustration In Claim For Rent Arrears

    The plaintiff, Kenneth Treacy (Mr Treacy), was landlord and owner of 45 Oliver Plunkett Street, Cork and the ground floor of 9 Marlboro Street, Cork (Premises).
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
  • Article

    Irish High Court Directs Remote Hearing Of Witness Action

    COVID-19 and the associated social distancing and other public health measures have had far-reaching practical consequences for court hearings.
    IrelandLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • 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

    Out Of Time: Nóirín O'Sullivan -V- Irish Examiner

    Earlier this month, the High Court (Judge Pilkington) refused former Garda Commissioner Noirin O'Sullivan an extension of time within which to issue defamation proceedings.
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    Representative Actions In Ireland: 2024 In Review

    The commencement of the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (the "Act") on 30 April 2024 introduced a new civil litigation mechanism in Ireland.
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Representative Actions In Ireland: Key Developments In 2025

    With the first representative action issued pursuant to the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (the "Act")...
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    What Does A Fire Brigade, A Ditch, And A Playground Have In Common?

    Three dismissed Plaintiff personal injury claims and the RDJ defence Litigation department.
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Showing 301–320 of 883 results

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