Ireland: Court Procedure

The Irish High Court has signalled that incumbent tenderers who benefit financially from automatic contract suspensions may face scrutiny if they refuse to offer undertakings covering losses to winning bidders. In a €51.2 million parking enforcement framework case, the Court lifted the suspension after the losing incumbent declined to compensate the successful tenderer for costs of securing a time-sensitive resource underpinning its bid.

The High Court has issued a new Practice Direction governing the use of generative AI in litigation, establishing mandatory disclosure requirements for affidavits, witness statements and expert reports. Legal practitioners must now ensure all AI-generated content is verified, accurate and compliant with professional obligations, with significant sanctions for non-compliance including costs orders and potential referral to regulatory authorities.

The High Court's recent judgment in O'Shaughnessy v Health Service Executive provides crucial guidance on when medical negligence proceedings may be dismissed for want of prosecution, particularly examining the significance of warning letters and the four-year inactivity threshold. Building on the Supreme Court's reformulated principles in Kirwan v Connors, the decision clarifies what procedural steps genuinely interrupt periods of delay and when the burden shifts to plaintiffs to justify continuation of st

The Irish Court of Appeal has established groundbreaking principles governing artificial intelligence use in legal proceedings, addressing the risks of AI-generated hallucinations and fabricated case citations. What obligations do litigants and lawyers now face when leveraging AI tools for legal research, and what sanctions might courts impose for non-compliance with these new guidelines?

As a continuation of Part 2 in this series, which addressed some themes we commonly encounter relating to the process requirements of public inquiries and the handling of documentary evidence in particular...

The High Court decision in Hamill v the Revenue Commissioners examines when taxpayers can invoke EU Charter protections in Irish tax disputes, particularly regarding fair procedures and access to information during VAT assessments.

The recent dismissal by the High Court (Court) of a judicial review of the N2 Slane Bypass scheme highlights a rising feature of planning litigation: challenges based on alleged deficiencies...

On 5 December 2024, the Irish Court of Appeal referred to the Court of Justice of the European Union ("CJEU") a question about site-specific conservation objectives...

A judgment of the Supreme Court has clarified the scope of compulsory motor insurance under the Road Traffic Acts in respect of personal injury caused to an employee arising...