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  • Article

    High Court Seeks Clarity On Rights Of Unregistered Owners Of Registered Security Over Land

    The High Court has invited the parties in proceedings involving the repossession of a family home by Tanager Designated Activity Company to seek a reference to the Court of Appeal.
    IrelandReal Estate and Construction
    RDJ LLP
    RDJ LLP
  • Article

    Planning Issues In Energy Projects Relying On Section 5 Declarations

    In O'Grianna & Ors. v An Bord Pleanála [2014] IEHC 632 23, the High Court held that a project could not, for planning purposes, lawfully be split into two independent parts – the wind farm and the grid connection.
    IrelandReal Estate and Construction
    Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
  • Article

    Rochford Construction Ltd v Kilhan Construction Ltd [2020]

    The recent case of Rochford Construction Ltd v Kihan Construction Ltd reinforces importance of clear payment dates and suggests that fixing the final date for payment by reference to an invoice...
    IrelandReal Estate and Construction
    Beale & Co
    Beale & Co
  • Article

    The Companies (Accounting) Act, 2017 – Welcome Clarity On Where Floating Charges, Once Crystallised, Rank In Relation To The Claims Of Preferential Creditors

    The Companies (Accounting) Act, 2017 (the Act) was signed into law by President Michael D. Higgins on 17 May 2017 and came into operation on 9 June 2017.
    IrelandWealth Management
    Dillon Eustace
    Dillon Eustace
  • Article

    Dispute Resolution Update: European Court Highlights Potential Risks For Company Directors

    The European Court of Justice has held that a director of an English company can be liable for breach of German company law where insolvency proceedings are opened in Germany.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Unregistered Community Design Right Strengthened by Court of Justice Ruling in Karen Millen v Dunnes Stores

    The CJEU has clarified the scope of the battleground between designers and those that challenge the validity of Community design rights.
    IrelandIntellectual Property
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Court Of Appeal Clarifies Ambit Of Res Judicata / Henderson v Henderson Principles

    The Court of Appeal has taken the opportunity to clarify the scope of the linked principles of Res Judicata/the Rule in Henderson v Henderson.
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    When Can Costs Be Measured By The High Court

    Jennifer Noctor examines a recent High Court case where the defendants took a costs order against a litigious plaintiff a step further...
    IrelandLitigation, Mediation & Arbitration
    RDJ LLP
    RDJ LLP
  • Article

    CJEU Asked If Stage Two Assessment Can Proceed Without Site-specific Conservation Objectives

    On 5 December 2024, the Irish Court of Appeal referred to the Court of Justice of the European Union ("CJEU") a question about site-specific conservation objectives...
    European UnionLitigation, Mediation & Arbitration
    McCann FitzGerald LLP
    McCann FitzGerald LLP
  • Article

    Presumption Of Disclosure Of Records Under FOI Does Not Apply To Exempted Records

    Private sector businesses contracting with State bodies will welcome a recent judgement of the Court of Appeal.
    IrelandCorporate/Commercial Law
    Arthur Cox
    Arthur Cox
  • Article

    Lyons Decision Overturned

    The High Court decision in Lyons V Longford Westmeath Education and Training Board [2017/IEHC 272] arguably caused the most controversy in the world of employment law in 2017, not least because the High Court ...
    IrelandEmployment and HR
    Matheson
    Matheson
  • Article

    Refusal By The High Court To Enforce The Terms Of A Fee Agreement

    The plaintiffs in the case are part of the Rhatigan Group of companies and had been clients of UBIL for approximately 17 years.
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    An Affront To Logic And Language - Court Of Appeal Upholds Constitutionality Of The Medical Council Appeal Process

    The Court of Appeal (CoA) has dismissed an appeal brought by a consultant oncologist (appellant) in respect of a finding against him of poor professional performance (Finding) ...
    IrelandGovernment, Public Sector
    William Fry LLP
    William Fry LLP
  • Article

    Withdrawal Of Artificial Nutrition And Hydration: Who Decides?

    Medical practitioners often find themselves in the unenviable position of having to decide whether to withdraw or discontinue treatment that is artificially prolonging a patient's life.
    European UnionFood, Drugs, Healthcare, Life Sciences
    Arthur Cox
    Arthur Cox
  • Article

    Croce Amica One Italia Srl v Azienda Regionale Emergenza Urgenza, 11 December 2014

    The CJEU differentiated the current situation from one in which a bidder is expressly excluded by the terms of Directive 2004/18/EC (the Public Sector Directive).
    European UnionGovernment, Public Sector
    Arthur Cox
    Arthur Cox
  • Article

    Hyperlinks And Copyright Law – Where Does Responsibility Lie?

    In recent weeks, Advocate General Wathelet ("AG") – an independent advisor to the Court of Justice of the European Union ("CJEU") – delivered his Opinion in GS Media v Sanoma.
    European UnionIntellectual Property
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    The Recast Brussels Regulation: What It Means For Commercial Parties

    On 10 January 2015 the Brussels Regulation which, since 2001, governed jurisdiction and the recognition and enforcement of judgments in civil and commercial matters across the EU, was repealed and replaced by the Recast Brussels Regulation.
    European UnionLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Whose Law Is It Anyway? How Closely Aligned Is The Data Protection Directive With One-Stop-Shop?

    The Google Spain case is most commonly recognised for introducing the ‘right to be forgotten'.
    European UnionPrivacy
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Courts Service Publishes Annual Report 2023

    New civil cases across all courts increased to almost 180,000 from 170,000 in 2022.
    IrelandCorporate/Commercial Law
    William Fry LLP
    William Fry LLP
  • Article

    Incorporation Of Clauses In Business Contracts – The Supreme Court Stiffens Up The Rules

    In two cases, decided on the same day in late 2014, the Supreme Court clarified the rules relating to the incorporation of contractual terms in business-to-business contracts.
    IrelandCorporate/Commercial Law
    Arthur Cox
    Arthur Cox
  • Showing 541–560 of 883 results

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