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  • Article

    New Pre-Action Protocol In Clinical Negligence Actions

    The early resolution of clinical negligence actions will become a real possibility with the introduction of a pre-action protocol.
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Performance Of Decision-Making Functions By Quasi-Judicial Bodies – Implications Of Zalewski v An Adjudication Officer, The Workplace Relations Commission And Others [2021] IESC 24

    On 6 April 2021, a seven-judge panel of the Supreme Court gave judgment in Zalewski v An Adjudication Officer, The Workplace Relations Commission and Others .
    IrelandLitigation, Mediation & Arbitration
    Eversheds Sutherland Ireland
Eversheds Sutherland Ireland
  • Article

    Strike Out Applications - Questions, Answers And… Oppression?

    The recent judgment of Mr Justice Barrett in Goode Concrete v CRH Plc, Roadstone Wood Limited and Kilsaran Concrete [2022] IEHC 189 (Goode Concrete) provides useful guidance on applications to...
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
  • Article

    Third Party Funding A Matter For Legislature - Supreme Court Confirms Old Parameters Still Apply

    In a recent Supreme Court decision, which considered whether third party litigation funding is permissible in Ireland...
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    When One Thing Leads To Another: Employer's Use Of CCTV Footage In Disciplinary Hearings

    The intersection of data protection and employment law continues to be important when considering...
    IrelandPrivacy
    Arthur Cox
    Arthur Cox
  • Article

    High Court Revisits Application Of Section 160 Of The Planning And Development Act 2000 To Private Dwellings

    In the recent case of Kinsella v Wicklow County Council [2015] IEHC 229, the High Court has adopted a different position from that taken by Mr Justice Hogan in Wicklow County Council v Fortune [2012] IEHC 406.
    IrelandReal Estate and Construction
    A&L Goodbody
    A&L Goodbody
  • Article

    Interplay Between The MUD Act And Insolvent Development Companies

    A recent High Court case, Lee Towers Management Company Limited v Lance Investments Limited & Ors serves as a helpful reminder of the extensive statutory rights now available to both unit owners and owners' management...
    IrelandReal Estate and Construction
    Dillon Eustace
    Dillon Eustace
  • Article

    Not Just Another English Decision On Break Clauses

    The decision in the case Marks and Spencer Plc. v. BNP Paribas Securities Services Trust Company Ltd. is of significant interest to landlords and tenants in relation to the interpretation of commercial lease provisions.
    IrelandReal Estate and Construction
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Irish Revenue Commissioners Issue VAT Guidance Following The Deutsche Bank Case

    On 4 September 2015, the Irish Revenue Commissioners ("Revenue") issued updated guidance to confirm their position on the VAT treatment of discretionary portfolio management services...
    IrelandTax
    Matheson
    Matheson
  • Article

    Dispute Resolution Update: Solicitors Pay For Waste And Delay

    In two recent cases, the Supreme Court imposed costs on solicitors for wasting court time.
    IrelandLitigation, Mediation & Arbitration
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Judgement Call

    This month's column looks at a few recent tax case judgements of interest to those involved in the owner managed business sector and in particular the nature of the voting rights and other rights attributable to...
    IrelandLitigation, Mediation & Arbitration
    ICSA
    ICSA
  • Article

    Non-Party Access To Documents Opened In Court

    A question we are frequently asked by clients involved in litigation before the Irish High Court is whether non-parties to the proceedings can access their documents which have been opened in Court.
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Summary Judgment, Concurrent Wrongdoers And The Civil Liability Act: Ulster Bank v McDonagh

    The recent judgment of Ulster Bank & Ors v McDonagh & Ors [2020] IEHC 185, is one in a series of judgments stemming from the purchase of a site at Kilpeddar in County Wicklow in 2008.
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    European Court Ruling Extends Liability Of Manufacturers For Defective Medical Devices

    The manufacturer must reimburse the product replacement costs where such replacement is necessary to restore the level of safety which a person is entitled to expect.
    European UnionConsumer Protection
    A&L Goodbody
    A&L Goodbody
  • Article

    IP Update: Trade Mark Registration For Coca-Cola's 3D Bottle Refused By European General Court

    On 24 February 2016, the General Court of the European Union held that Coca-Cola's 3D bottle shape mark lacked the distinctive character required in order for it to be registered as a Community Trade Mark ("CTM").
    European UnionIntellectual Property
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Data Breach Compensation Claims: Non-Material Damage

    The General Data Protection Regulation 2016/697 ("the GDPR") and the Irish Data Protection Act 2018 ("the DPA") expressly provide that an individual ("the data subject") has the right to compensation...
    European UnionPrivacy
    Dillon Eustace
    Dillon Eustace
  • Article

    The Rise Of ESG Litigation

    Environmental, social, and governance, or ESG, is a set of criteria used to assess a company's impact on society and the environment, as well as its corporate governance practices.
    GlobalEnvironment
    Ogier
    Ogier
  • Article

    APP Fraud: Legal Insights And Cases

    APP fraud, an overview of recent UK cases and the current position in Ireland.
    IrelandCriminal Law
    William Fry LLP
    William Fry LLP
  • Article

    Can Employers Sue Employees For Insured Wrongs?

    The question of employee's liability to the employer was considered by the Court of Appeal and the House of Lords in the UK in Lister v. Romford Ice & Cold Storage [1956] UKHL J1220-2 (Lord Denning dissenting).
    IrelandEmployment and HR
    Hogan Dowling McNamara
    Hogan Dowling McNamara
  • Article

    Employment Law Update: Compulsory Retirement Ages

    While there is no statutory compulsory retirement age in Ireland, it has been the practice of many employers to set a retirement age of 65 to coincide with the State Pension age.
    IrelandEmployment and HR
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Showing 661–680 of 883 results

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