ArticleCompany Law Bill 2012 At Committee StageThe Companies Bill 2012 reached the Committee Stage of the legislative process in Dáil Éireann 5/11/13. IrelandCorporate/Commercial LawStephen O'Sullivan, Barrister
ArticleThe Supreme Court, Full Recourse Loans And Legal AdviceIn Whelan v. AIB (Unreported Supreme Court 30/1/14) the third plaintiff, his wife and children, contracted for a loan to purchase land in Waterford for €25 Million, which later had a value less than €5 million. IrelandLitigation, Mediation & ArbitrationStephen O'Sullivan, Barrister
ArticleLarge High Court Award For Bullying And Stress At WorkIn Ruffley v. Board of Management of St Anne’s School the court found that the plaintiff had been subject to bullying and harassment at work.IrelandEmployment and HRStephen O'Sullivan, Barrister
ArticleConstruction Contracts Act 2013 (The Act). To What Extent Will The Adjudicator’s Decision Be Open To Challenge.The Act provides for a payment claim notice to be sent by the contractor, and a response by the employer, all within a short time frame. IrelandReal Estate and ConstructionStephen O'Sullivan, Barrister
ArticleChanges From The Companies Bill 2012 (Hereinafter The Bill)The Bill consolidates, reorganises and reforms company law in a number of respects. The Bill is expected to come into law in 2014. IrelandCorporate/Commercial LawStephen O'Sullivan, Barrister
ArticleDuty Of Care And Investment AdviceIn a recent Irish decision, the plaintiff succeeded in an action for damages in relation to loss suffered on investment in contracts for difference.IrelandLitigation, Mediation & ArbitrationStephen O'Sullivan, Barrister
ArticleBullying And Harassment At WorkIn Sweeney v. Board of Management Ballinteer Community School the plaintiff succeeded in a personal injury claim for bullying and harassment against a school. IrelandLitigation, Mediation & ArbitrationStephen O'Sullivan, Barrister
ArticleThe Liability Of Valuers For Negligent Property ValuationsThere is much litigation pending alleging negligent valuations of property that led to losses suffered by plaintiffs. Issues arise as to whether a duty of care is owed, whether the standard of care was reached and the quantification of damages. A recent case addresses some of these issues.IrelandLitigation, Mediation & ArbitrationStephen O'Sullivan, Barrister
ArticleSome Topical Issues In Construction LawConstruction litigation is complex, as not only are lawyers heavily reliant on expert reports but there are legal defences that will be raised which must be overcome before those reports even become relevant.IrelandReal Estate and ConstructionStephen O'Sullivan, Barrister
ArticleRecent Decisions On Costs – Costs Against An Insurance Company Coming Off Record, Costs Against A Shareholder Who Is Funding Litigation And After The Event Cost InsuranceYou can get costs against an insurance company even when they legitimately repudiate. IrelandInsuranceStephen O'Sullivan, Barrister
ArticleDismissal For Retirement AgeSection 34 of the Employment Equality Act 1998 makes it not unlawful on the age ground for an employer to fix retirement age and there is no qualification in the Act as to what criteria the employer may use to fix retirement ages.IrelandEmployment and HRStephen O'Sullivan, Barrister
ArticleReducing The Cost And Inconvenience Of Litigation - Modular Or Split TrialsA party may apply to have a trial split into parts– called split trials or modular trials. IrelandLitigation, Mediation & ArbitrationStephen O'Sullivan, Barrister
ArticleInsolvency Of Defined Benefit Pension SchemesDefined benefit schemes (hereinafter DB schemes) provide members with retirement and death benefits based on formulae set out in the rules of the scheme.IrelandEmployment and HRStephen O'Sullivan, Barrister
ArticleThe Employment InjunctionWhen an employee is dismissed generally the employee will sue for unfair dismissal in the EAT. IrelandEmployment and HRStephen O'Sullivan, Barrister
ArticleCan The Personal Insolvency Act 2012 Be Used To Clear Mortgage Debt?A discussion on whether the provisions of the Personal Insolvency Act 2012 can be used to clear mortgage debt. IrelandInsolvency/Bankruptcy/Re-StructuringStephen O'Sullivan, Barrister
ArticleTrustees Obligation On The Insolvency Of A Defined Benefit Pension SchemeA decision of the commercial court this week sheds light on the obligations of a trustee of the insolvency of a defined benefit (DB) pension schemeIrelandEmployment and HRStephen O'Sullivan, Barrister
ArticleObjective Grounds Justifying Renewal Of Fixed Term ContractSection 9 of the Protection of Employees 2003 provides inter alia that an employer cannot have two or more fixed term contracts where the aggregate duration is greater than four years unless there are objective grounds for the renewal. IrelandEmployment and HRStephen O'Sullivan, Barrister
ArticleWhen An Employee Joins The CompetitionWhere an employee leaves to compete against the employer there are four possible causes of action the employer could seek to rely upon. IrelandEmployment and HRStephen O'Sullivan, Barrister
ArticleThe Financial Services OmbudsmanThe office of the financial services ombudsman (hereinafter FSO) was created by the Central Bank and Financial Services Authority of Ireland Act 2004 which inserted sections into the Central Bank Act 1942 (hereinafter the Act of 1942).IrelandFinance and BankingStephen O'Sullivan, Barrister