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Searching Content indexed under Litigation, Mediation & Arbitration by Mason Hayes & Curran ordered by Published Date Descending.
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1
Privacy At What Cost? Consequences Of The High Court's Judgment In The Graham Dwyer Case
"In what circumstances does a democracy tolerate State mandated electronic surveillance of every citizen who uses a telephone device?"
European Union
18 Dec 2018
2
Liability Of Professional Regulators For Legal Costs?
In Teaching Council of Ireland v MP[1], following the dismissal of a teacher for gross misconduct, the school made a complaint to the Teaching Council.
Ireland
9 Mar 2018
3
Show Me The Money – Security For Costs
Two recent judgments highlight the difficulties facing defendants when they apply for an order which safeguards their exposure to costs.
Ireland
9 Mar 2018
4
Attention Lenders – Validity Of Cross-Security Arrangement Upheld
In a recent Irish Court of Appeal case, two brothers unsuccessfully sought to rely on the equitable doctrine of consolidation to defeat the validity of a cross-security arrangement with their bank.
Ireland
27 Feb 2018
5
Volkswagen – One Size Fits All?
An interesting decision of the High Court followed an application by Volkswagen (Ireland) for judicial review of the conduct of civil proceedings in the Castlebar District Court.
Ireland
26 Feb 2018
6
Contempt Of Court
Further to our Insolvency Update issued on 11 December 2017, a recent High Court case has demonstrated the courts' willingness to take firm action against litigants acting in defiance of court orders.
Ireland
26 Feb 2018
7
Notable IP Cases From 2017
While several of the Irish decisions did not amount to unprecedented changes to Ireland's IP landscape, they did confirm the approach to be taken on many issues.
Ireland
18 Jan 2018
8
2017 In Review
The insurance litigation sphere is constantly evolving. We recap on what we consider to have been some of the key changes over the last 12 months.
Ireland
18 Jan 2018
9
New Approach To Lay Litigants, Mediation Act And More
A key feature of 2017 was a deepening recognition and response by the courts to the problems associated with organised lay litigant groups and lay advisors seeking to obstruct and...
Ireland
18 Jan 2018
10
Insurance Update: 2017 In Review
The insurance litigation sphere is constantly evolving. We recap on what we consider to have been some of the key changes over the last 12 months.
Ireland
17 Jan 2018
11
Key Developments In 2017
We review some key developments in the area of litigation and dispute resolution in Ireland during 2017.
Ireland
17 Jan 2018
12
The Mediation Act 2017: Well-Intentioned, But Flawed
The Mediation Act 2017 (the "Mediation Act") was commenced with effect from 1 January 2018.
Ireland
9 Jan 2018
13
Redacted Transfer Documentation Sufficient To Show Transfer Of Title
Since the High Court judgment in English v Promontoria (Aran) Limited (English case), the question of what level of redaction might be acceptable to prove transfer of ownership of loan ...
Ireland
27 Dec 2017
14
Lay Litigants And McKenzie Friends – The Courts' Tolerance Continues To Dwindle
Further to our Insolvency Update issued 11 October 2017, another recent High Court judgment has clearly demonstrated the courts' increased lack of tolerance for litigants ...
Ireland
12 Dec 2017
15
Arbitration Agreements – Do They Apply To Third Parties?
In a recent Circuit Court case, Mr and Mrs Maguire entered into a contract to buy a car. Mrs Maguire signed the standard terms and conditions of the seller (MSL) of the car, which included an arbitration clause.
Ireland
15 Nov 2017
16
The Mediation Act 2017 - What You Need To Know
The Mediation Act 2017 (the Act) includes many of the recommendations from the Law Reform Commission's 2010 report on Alternative Dispute Resolution: Mediation and Conciliation.
Ireland
23 Oct 2017
17
Lay Litigants And Mckenzie Friends – A Positive Reaction To A Recent Trend
A recent practice direction (HC72) has provided important guidance on the role of a "McKenzie Friend" in assisting lay litigants before the civil courts.
Ireland
19 Oct 2017
18
Penalty Clauses – Recent Supreme Court View
Parties to a contract often agree that, in the event of a breach, the party that has committed the breach must pay the other party a specified sum of money.
Ireland
19 Oct 2017
19
Pensions Update: Landmark Ruling Points The Way Forward For Pension Schemes In Ireland
In July 2017, the UK Supreme Court unanimously ruled in Walker v Innospec Limited & Others that an exemption in the UK Equality Act 2010 is discriminatory and in breach of EU equality law.
Ireland
25 Sep 2017
20
True Sale Or Security Assignment?
The Bank of Ireland v Eteams (International) Limited has recently clarified Ireland's position on the test to determine if a transaction constitutes a true sale of book debts or instead amounts, in substance, to the creation of a mortgage and charge.
Ireland
17 Aug 2017
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