Ireland: MHC Times Issue 37 Autumn 2015

Welcome to the 37th issue of MHC Times. In this issue, we look at Ireland's relationship with Europe and what we have to offer as a country across various sectors.

This summer I have had the opportunity of talking to lots of clients and, of course, to potential clients! It remains extraordinary how many comment on two things: their desire for clearly expressed advice and their desire for brevity. One general counsel even said she and her team could spend their entire day translating external lawyers' advice so that the business could understand it. Happily, this was not her experience with MHC.

It is peculiar that the use of complex or archaic language, and long-winded communications, persists in the profession given the strength of client sentiment against them. Perhaps the old adage "If I had more time, I would have written a shorter letter" is incompatible with the billable hour. The confidence to bill for the additional time it takes to produce clear and short advice may be absent in some lawyers. Or, the desire to cover off risks and limit potential exposure may tempt others to stray from core issues. Or, more fundamentally, the analysis of the factual and legal issues and the advice itself may be fuzzy in the author's mind.

In this context, I am very pleased that MHC has sponsored PLAIN 2015, Ireland's first plain language conference. This was a sponsorship viewed by some with a degree of trepidation and rightly so. As sponsors of a plain language conference, the potential to be lampooned for the failings of one out of our 250 fee earners is very real!

To try and mitigate that risk, in addition to our usual training on clarity and plain language, we started counting the number of times that unwelcome terms such as "aforementioned" and "hereinbefore" appeared in our systems. Happily, on a month to month basis, that count is reducing and we do have to make allowances for the fact that sometimes documents generated by others get onto our systems and are included in the count!

Of course the merit of plain language is the maximisation of clarity and accuracy. It is a hallmark of MHC that our advice be clear and accurate. This is because we see the accuracy of the description of a client's position as a fundamental part of the lawyer's role. This is so whether we are giving advice or setting out a client's position in litigation, in an agreement or in negotiations about a transaction.

We hope our sponsorship of PLAIN 2015 contributes to our being clear and accurate through the use of plain language. I hope that you our clients will benefit from this approach and if you find us using "aforementioned" let me know!

Foreign Investment in Ireland

Another talking point with clients was the extent of foreign investment in Ireland. This remains strong for a number of reasons.

A primary reason is government policy. Since the 1960s, Ireland has adopted policies focused on making Ireland attractive to foreign investors. As the Taoiseach puts it, the objective is to make Ireland the best small country in the world in which to do business.

Ireland's government takes a "holistic" approach towards this objective by integrating policy across multiple government departments and agencies. As a result, government agencies can provide a helpful interface with companies that look to set up in Ireland. Many of our clients have noted the ease of access to government agencies, when establishing offices here. Our young, English-speaking and highly educated workforce is a consistent draw for companies doing business through Ireland. And our taxation policy is attractive and settled. Secondly, our stable democratic political structures create a secure investment environment with a highly developed rule of law and constitutional protection of property rights. Thirdly, a highly sophisticated ecosystem of professional services has grown over the past number of decades for businesses to tap into when they want to establish in Ireland.

All of this has led to a cluster effect with groups of foreign companies in specific sectors basing themselves in particular parts of Ireland. For instance, a large pharmaceutical sector has developed in Cork; many biotechnology companies have based their operations in Galway and the Silicon Docks host a large number of internet services businesses. The clustering effect reinforces the experience of a workforce in that specific area and serves to develop a confidence in overseas companies when they consider investing in Ireland and see their competitors succeeding with their Irish businesses.

In some ways, Mason Hayes & Curran is similar to the Irish state in that for decades we have taken a holistic approach to the way we provide services to overseas companies considering investing in Ireland. We help them with tax, regulation, commercial contracts, premises and employment contracts. We assist them in how to use Ireland as their European hub.

The approach we have adopted has contributed to significant growth for the firm, which has doubled in size over the last four years. Many international businesses have chosen to  work with us. We are not complacent about this growth and will continue to serve our international and Irish clients to the best of our ability.

To read this publication in full, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
13 Nov 2018, Other, Dublin, Ireland

We will host our next Tech@MHC event on Tuesday 13 November in our offices on Barrow Street, Dublin 4.

14 Nov 2018, Seminar, Dublin, Ireland

We will host our commercial litigation seminar on Investigations and White Collar Crime on Wednesday 14 November in our offices on Barrow Street, Dublin 4.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions