Ireland: Litigation, Mediation & Arbitration

The High Court has granted a Norwich Pharmacal order, directing RTÉ (Ireland’s national public broadcaster) to disclose unedited footage captured as part of an undercover investigation into alleged failures of care at two Irish nursing homes.

The Irish High Court has ruled that shareholders no longer have an automatic right to access a company's privileged legal advice, abolishing the shareholder rule that previously allowed such disclosure. This landmark decision aligns Irish law with recent developments in England, Wales, and Bermuda, fundamentally reshaping the relationship between corporate privilege and shareholder information rights.

The Irish High Court has expanded the scope of Norwich Pharmacal Orders beyond traditional litigation contexts, ruling that RTÉ must disclose unedited undercover footage from nursing homes to support a regulatory investigation. This landmark decision addresses critical questions about when courts can compel third parties to provide information, the boundaries of journalistic material disclosure, and how privacy rights balance against urgent public interest in regulatory enforcement.

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.

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.

Matheson's quarterly construction bulletin examines recent developments in Ireland's construction and infrastructure sectors, including the introduction of a simplified Building Energy Rating scale, the practical implications of force majeure clauses amid global conflicts, and key court decisions on construction contract amendments.

The High Court has granted a Norwich Pharmacal order, directing RTÉ (Ireland’s national public broadcaster) to disclose unedited footage captured as part of an undercover investigation into alleged failures of care at two Irish nursing homes.

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.

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.

The newly-introduced European Union Representative Actions Directive ((EU) 2020/1828) has the aim of enabling consumers within the EU to pool together to protect their interests in a range of sectors, ...

International Arbitration Comparative Guide for the jurisdiction of Ireland, check out our comparative guides section to compare across multiple countries