Mondaq All Regions - Ireland: Litigation, Mediation & Arbitration
Maples and Calder
The recent decision of Barrett J in AIB v Rostaff Property Development Ltd (High Court, 7 September, 2017) once again highlights the difficult area of undue influence in the context of guarantees...
Matheson
There is no legislative framework in Ireland to facilitate class actions.
Ronan Daly Jermyn
A Practice Direction has been issued by the Presidents of the High Court and the Court of Appeal to clarify the position of so-called McKenzie Friends.
Ronan Daly Jermyn
In the recent High Court case of Geraldine Cantrell v Allied Irish Banks Plc, the Second Belfry Properties (UK) Plc and Others, the Plaintiff sought an order for damages for breach of contract,
Ronan Daly Jermyn
The recent English decision in the case of Megan Tanner (a child by her father and litigation friend) v Sarkar (2017) LTL 4 April (HHJ Buckingham, Hull CC) is the first reported secondary victim claim involving a child.
Ronan Daly Jermyn
An Engineer who was refused permission to photograph the Defendant's premises in the course of an engineering inspection has been granted an order permitting him to re inspect the property, ...
Ronan Daly Jermyn
Despite the settlement, the Supreme Court published its judgment with the substituted figure redacted.
Mason Hayes & Curran
The Motor Insurers' Bureau of Ireland was established to compensate victims of road traffic accidents caused by uninsured and unidentified vehicles.
Arthur Cox
The newspaper sought to have the latter claims (relating to the statements made to Mr. O'Brien) struck out as an abuse of process based on their similarity to the claims relating to the newspaper articles.
Maples and Calder
Purchasers of distressed debt have inevitably found themselves involved in legal disputes with borrowers seeking to undermine the loan purchaser's position as secured lender or at least put it on full proof of its entitlements.
Dillon Eustace
The High Court in Cantrell has recently determined a number of preliminary issues involving the circumstances that will bar a plaintiff's claim under the Statute of Limitations.
Dillon Eustace
The plaintiff in this case was the collector general for the Revenue Commissioners who was claiming €184,545.68 from the defendants.
Dillon Eustace
Negligent misstatement occurs where there is a representation of fact, which is incorrect, which is carelessly made, and is relied on by another party to their disadvantage.
Mason Hayes & Curran
In April 2017, the High Court delivered its decision in Minister for Communications, Energy and Natural Resources v The Information Commissioner [2017] IEHC 222.
Mason Hayes & Curran
A lis pendens (the Latin term for "litigation pending") is a registered burden indicating that litigation is pending in relation to an interest or estate in certain property.
Dillon Eustace
Of particular interest is the analysis of the level of discount applied for the use of the Offer of Amends procedure set out in the Defamation Act 2009
Matheson
In a recent Supreme Court decision, which considered whether third party litigation funding is permissible in Ireland...
Dillon Eustace
The Supreme Court has delivered its much anticipated judgment in Persona Digital Telephony Ltd and another v The Minister for Public Enterprise and others...
Arthur Cox
The Court of Appeal's position is now very clear on the question of guarantors needing independent advice - unless an individual guarantor has an arguable defence...
Dillon Eustace
The recent decision of the High Court in Dardis v Poplovka [2017] IEHC 249 highlights the fact that while costs generally follow the event the court can look behind the rule and exercise its discretion...
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Maples and Calder
Purchasers of distressed debt have inevitably found themselves involved in legal disputes with borrowers seeking to undermine the loan purchaser's position as secured lender or at least put it on full proof of its entitlements.
Arthur Cox
The newspaper sought to have the latter claims (relating to the statements made to Mr. O'Brien) struck out as an abuse of process based on their similarity to the claims relating to the newspaper articles.
Mason Hayes & Curran
The Motor Insurers' Bureau of Ireland was established to compensate victims of road traffic accidents caused by uninsured and unidentified vehicles.
Mason Hayes & Curran
In April 2017, the High Court delivered its decision in Minister for Communications, Energy and Natural Resources v The Information Commissioner [2017] IEHC 222.
Mason Hayes & Curran
In 2016, the Irish Courts continued to adopt new processes to increase the speed, efficiency and predictability of trials and to promote the use of alternative dispute resolution...
Dillon Eustace
Negligent misstatement occurs where there is a representation of fact, which is incorrect, which is carelessly made, and is relied on by another party to their disadvantage.
Dillon Eustace
On 28 March 2017 the President of the High Court issued a new practice direction.
Arthur Cox
The early resolution of clinical negligence actions will become a real possibility with the introduction of a pre-action protocol.
Arthur Cox
Discussions will be protected by without prejudice privilege where it is obvious that their purpose is to resolve a dispute, even if this is not expressly agreed between the parties.
Mason Hayes & Curran
A lis pendens (the Latin term for "litigation pending") is a registered burden indicating that litigation is pending in relation to an interest or estate in certain property.
Matheson
Julie Murphy-O'Connor and Gearóid Carey author the Irish chapter for Enforcement of Foreign Judgments 2017, 2nd Edition.
Matheson
In a recent Supreme Court decision, which considered whether third party litigation funding is permissible in Ireland...
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