Litigation Law, Mediation Law and Arbitration Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Irish High Court Confirms It Can Order Parties To Mediate In Litigation Proceedings
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 Litigation
M
Matheson
Article
Raising The Bar: Irish Supreme Court Confirms “strong Case” Test For Pre-trial Stays Of Regulatory Decisions
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 Litigation
M
Matheson
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Article
Substance Over Form: A Warning Letter Does Not Constitute A “proceeding” In Cases Of Dismissal For Delay
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
Ireland Litigation
RL
RDJ LLP
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Article
Employee’s Appeal Dismissed: Employer Not The Controller Of Non-Work-Related Data On Work Phone
The Court of Appeal has upheld a decision finding that an employer was not responsible as a data controller for personal data stored on a work device. The case arose from a 2021 HSE cyberattack where an employee's personal accounts and cryptocurrency were compromised on his work phone. The ruling clarifies the scope of data protection complaints and the extent of regulatory investigation obligations.
Ireland Privacy
WF
William Fry
Article
Irish High Court Confirms It Can Order Parties To Mediate In Litigation Proceedings
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 Litigation
M
Matheson
See more
Article
Employee’s Appeal Dismissed: Employer Not The Controller Of Non-Work-Related Data On Work Phone
The Court of Appeal has upheld a decision finding that an employer was not responsible as a data controller for personal data stored on a work device. The case arose from a 2021 HSE cyberattack where an employee's personal accounts and cryptocurrency were compromised on his work phone. The ruling clarifies the scope of data protection complaints and the extent of regulatory investigation obligations.
Ireland Privacy
WF
William Fry
Article
Irish High Court Confirms It Can Order Parties To Mediate In Litigation Proceedings
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 Litigation
M
Matheson
See more
Article
Substance Over Form: A Warning Letter Does Not Constitute A “proceeding” In Cases Of Dismissal For Delay
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
Ireland Litigation
RL
RDJ LLP
See more