Ireland: Court Procedure

The Irish High Court has ruled for the first time that it has inherent jurisdiction to order parties in non-personal injury civil disputes to engage in mediation, even against their wishes. This landmark decision examines whether mandatory mediation breaches constitutional rights of access to courts, what factors courts should consider when exercising this discretion, and how this power aligns with Ireland's Mediation Act 2017 framework that emphasizes voluntary participation.

Ireland's Supreme Court has established a significantly higher threshold for obtaining interim stays on regulatory decisions that affect broad public interests. Companies challenging decisions by bodies like the Data Protection Commission must now demonstrate a "strong case" likely to succeed at trial, rather than merely an "arguable case," before courts will even consider granting temporary relief.

The Irish High Court has ruled on whether a foreign judgment creditor can invoke Irish courts to recognize and enforce an overseas judgment, examining whether rights under aircraft leasing arrangements—including maintenance reserve reimbursement rights, lease deposits, and interests in Irish aviation structures—constitute assets for jurisdictional purposes.

The Supreme Court of Ireland has issued a landmark ruling on litigation funding arrangements, examining whether conditional fee uplift agreements and "no foal, no fee" structures violate champerty laws. This decision arose from a tax debt recovery case where taxpayers challenged the Revenue Commissioners' fee arrangements with their legal panel, arguing these agreements were unenforceable under Irish law.

Recent developments in Irish mediation law have brought significant changes through a new High Court Practice Direction and a landmark judgment on court-ordered mediation. These developments clarify compliance requirements under the Mediation Act 2017 and establish the courts' power to direct parties into mediation, even against their will in appropriate circumstances.

Ireland's collective litigation landscape is rapidly evolving with new qualified entities joining the register and the country's first representative action proceeding to trial. As third-party litigation funding recommendations loom on the horizon, businesses face an increasingly complex legal environment that demands careful attention to potential exposure and strategic risk assessment.

In Episode 3 of our Planning Ahead podcast series, Michelle Martin, Partner in the Environment & Planning team at William Fry LLP, is joined once again by Senior Counsel David Browne SC...

The High Court has once again expressed its frustration with "quack lawyers" advising lay litigants to bring nonsensical, unmeritorious applications before the Court.

On 31 January 2025, a new statutory instrument came into force providing for significant changes to the Rules of the Superior Courts ("RSC").