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  • Article

    Up, Up And Away: Irish Commercial Court Orders Removal Of Registrations Relating To Aircraft

    The Irish High Court currently has exclusive jurisdiction to make orders against the Registrar (as defined below) pursuant to the Convention and the Protocol (both as defined below).
    IrelandTransport
    Walkers
    Walkers
  • Article

    EU Competition Law Investigations: Extension Of Legal Professional Privilege To In-house Lawyers Rejected

    Under Irish national law, communications with in-house counsel attract the protection of LPP where the constituent elements of the legal test for privilege are otherwise met...
    European UnionAntitrust/Competition Law
Arthur Cox
Arthur Cox
  • Article

    General Court: EUIPO Did Not Infringe Principles Of Protection Of Legitimate Expectations And Legal Certainty.

    In Olimp Laboratories sp z oo v European Union Intellectual Property Office (EUIPO) (Case T-511/22), the General Court has examined whether parties can rely on earlier decisions of the EUIPO...
    European UnionIntellectual Property
    FRKelly
    FRKelly
  • Article

    Environment & Planning Group Update – Domestic News, May 2018

    Following the recent CJEU decision in North East Pylon Pressure Campaign Ltd. and Maura Sheehy v. An Bord Pleanála & Ors, C-470/16 (NEPP) (accessible here), there have been two decisions of the Irish High Court...
    IrelandEnvironment
    Arthur Cox
    Arthur Cox
  • Article

    Incorporating Terms By Reference

    A recent decision has reaffirmed that, depending on the facts, terms and conditions of lending can be incorporated and apply to a bank/client relationship.
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    Provisions On Time Limits For Revenue Assessments: O'Sullivan v Revenue

    The time-limit provisions contained in the Taxes Consolidation Act 1997 (TCA 1997) serve an important role in providing certainty and safeguarding taxpayers against the reopening of their tax aairs outside a four-year period.
    IrelandTax
    Matheson
    Matheson
  • Article

    FSO Appeals: The Approach Of The Courts

    Decisions of the Financial Services Ombudsman ("FSO") are often challenged in the courts. An appeal from a decision of the FSO is, in the first instance, brought to the High Court.
    IrelandFinance and Banking
    Arthur Cox
    Arthur Cox
  • Article

    Irish Court Of Appeal Considers Whether The Existence Of An ATE Policy Defeated An Application For Security For Costs

    The insurer did ultimately provide the assurance sought and in light of that, the High Court declined to order that the Plaintiff should provide security for costs.
    IrelandInsurance
    Clyde & Co
    Clyde & Co
  • Article

    Substitution Of Plaintiffs

    In Waldron v Herring the High Court set out when it would allow a non-party to proceedings to be joined as a plaintiff (whether as a co-plaintiff, in addition to the existing plaintiff, or as sole plaintiff, in substitution for the original plaintiff) on the foot of an assignment agreement.
    IrelandCorporate/Commercial Law
    Matheson
    Matheson
  • Article

    Insolvency Update: The Battle For Priority: A Victory For Banks, But For How Long?

    The Supreme Court has held that a floating charge, crystallised by notice, prior to the commencement of a winding up, ranks ahead of preferential creditors.
    IrelandInsolvency/Bankruptcy/Re-Structuring
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Retention Of Title And Fiduciary Relationships

    Simple retention of title clauses are commonplace and generally effective in contracts for the sale of goods. However, extending their effect to the proceeds of sale of such goods requires careful drafting.
    IrelandInsolvency/Bankruptcy/Re-Structuring
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Contracts Manifestly Contrary To Irish Public Policy – Implications For Contingent Fee Arrangements And Third Party Funding?

    The Irish High Court recently declined to recognise an English judgment in respect of a gambling debt on the basis that to do so would be manifestly contrary to Irish public policy.
    IrelandLitigation, Mediation & Arbitration
    Mason Hayes & Curran LLP
    Mason Hayes & Curran LLP
  • Article

    Free Riders Forewarned: Legal Costs Exposure For Non-Party Funders In Ireland

    The Irish Supreme Court has confirmed in a recent case the courts' jurisdiction to make a person who is not a party to proceedings, but who funds and directs the proceedings on behalf of an impecunious corporate...
    IrelandLitigation, Mediation & Arbitration
    Maples Group
    Maples Group
  • Article

    Litigation: Enforcement Of Foreign Judgments In Ireland

    For judgments and proceedings commenced before January 10 2015, the Brussels I Regulation (44/2001) applies.
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    Perjury Is Now A Statutory Offence: What Impact Has This For Businesses?

    The Criminal Justice (Perjury and Related Offences) Act 2021 (Act) came into operation on 28 July 2021.
    IrelandLitigation, Mediation & Arbitration
    William Fry LLP
    William Fry LLP
  • Article

    Privilege And The Conduct Of Internal Investigations

    Corporates undertaking an internal investigation into potential wrongdoing will welcome a recent decision of the English Court of Appeal.
    IrelandLitigation, Mediation & Arbitration
    Arthur Cox
    Arthur Cox
  • Article

    Representative Actions In Consumer Litigation: Dawn Of A New Era?

    The European Commission (the "Commission") has published a draft Directive[1] which, if implemented, would introduce, for the first time in Ireland, a style of class action litigation by consumers against corporates.
    IrelandLitigation, Mediation & Arbitration
    Matheson
    Matheson
  • Article

    The Civil Reform Bill 2025: A Seismic Shift To The Civil Litigation Landscape In Ireland

    The Civil Reform Bill 2025 (the Bill) marks a significant step towards the implementation of the Report on the Review of the Administration of Civil Justice in Ireland (the Kelly Report).
    IrelandLitigation, Mediation & Arbitration
    Addleshaw Goddard
    Addleshaw Goddard
  • Article

    Renewal Of Orders For Possession After Twelve Years

    This article considers the decision of Ms Justice Gearty in the recent case of Start Mortgages v Barry Piggott1. The Court found that the twelve year limitation period...
    IrelandFinance and Banking
    Dillon Eustace
    Dillon Eustace
  • Article

    Third-party Litigation Funding – UK Decision Illustrates Complexities Of Regulation

    The UK Supreme Court recently handed down an important judgment concerning the statutory interpretation of the legislative framework regulating litigation funding agreements
    IrelandAntitrust/Competition Law
    Matheson
    Matheson
  • Showing 781–800 of 883 results

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