883 results found

The recent Irish Court of Appeal judgment in Promontoria (Oyster) DAC v Fox [2023] IEHC 76 provides clarity for lenders and funds in enforcing security.

On 10 November 2021, the Central Bank of Ireland (the "Central Bank") announced that it is establishing an inquiry under its Administrative Sanctions ProcedureOpens in new window ("ASP")...

The Bank of Ireland v Eteams (International) Limited has recently clarified Ireland's position on the test to determine if a transaction constitutes a true sale of book debts or instead amounts, in substance, to the creation of a mortgage and charge.

On 27 May 2015 Minister for Justice and Equality, Frances Fitzgerald TD, published the long awaited general scheme of the Civil Liability (Amendment) Bill 2015.

In September the Supreme Court considered discovery applications in the context of procurement litigation in the case of Word Perfect Translation Services Limited v Minister for Public Expenditure...

In a recent High Court decision, the validity of the appointment of joint receivers by ACC Loan Management Limited by deed under seal was upheld, and an order for possession in favour of those receivers was made.

What is the effect of an After the Event ("ATE") insurance policy on an application for security for costs?

In the landmark decision of SPV Osus Ltd v. HSBC Institutional Trust Services (Ireland) Limited & Ors, the Supreme Court held that the assignment of a right to litigate ...

On the 15th of December 2017, Mr. Justice Gerard Hogan delivered the long-awaited Court of Appeal decision in the case of Used Car Importers of Ireland Limited v Minister for Finance...

The Court of Appeal has recently upheld a High Court finding of defamation against the Sunday World newspaper while also awarding damages for breach of privacy1

The courts will generally be in favour of alternative dispute resolution and will often encourage parties to resolve disputes by mediation.

The Supreme Court has established clear guidelines on timing for security for costs applications, holding that defendants must act within weeks or months rather than years. An eight-year delay in the Sweeney case was deemed "truly extraordinary," with the Court providing a framework for when delay alone may defeat an otherwise valid application, even without proven prejudice.

At midnight on 31 December, marking New Year's Day in Brussels and 11pm in London, the transition period provided for by the Brexit

The recent Court of Appeal decision in Patrick Duffy -v- Brendan McGee[1] has again highlighted the duties and responsibilities of expert witnesses. The judgment of Collins J noted...

What can we learn from failings in the disclosure process in the UK?

A recent decision of the High Court highlights the relevant considerations to be taken into account by an Irish court when deciding whether to allow defamation proceedings to be litigated in Ireland...

A package lands on your desk. It is the smoking gun that will hand you the case that has plagued your company for years.

In a significant decision, the Irish Court of Appeal (the "Court") has warned of a possible culture of 'partisan advocates' among experts involved in Irish litigation and strongly emphasised the requirement...