Mondaq All Regions - Ireland: Litigation, Mediation & Arbitration
Maples and Calder
A recent Court of Appeal judgment highlights the difficulties facing a defendant who seeks to have proceedings struck out which he/she considers to be unmeritorious.
Ronan Daly Jermyn
The Court of Appeal has taken the opportunity to clarify the scope of the linked principles of Res Judicata/the Rule in Henderson v Henderson.
Dillon Eustace
Mediation has been defined in the Act as a "confidential, facilitative, and voluntary process in which parties to a dispute...
Arthur Cox
The Irish High Court recently refused to grant an injunction to prohibit legal proceedings in the United States...
Dillon Eustace
In a most welcome development, the Department of Expenditure and Reform has issued a Circular (17/2017 which is effective since 26 October 2017) which has the effect of obliging Government Departments...
Matheson
Straitened times have led to an increase in litigation before the courts involving lay litigants or litigants in person acting without formal legal representation.
Ronan Daly Jermyn
The Mediation Act (the "Act"), which was signed into law on 2 October 2017, places a new statutory obligation on litigants to consider mediation as a means of resolving a dispute.
Mason Hayes & Curran
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.
Mason Hayes & Curran
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.
Matheson
The Court of Appeal has allowed an appeal by the Edward Holdings group of companies against a decision of O'Connor J in the High Court refusing to appoint an examiner to four of the seven group companies...
Maples and Calder
The recent decision of Barrett J in AIB v Rostaff Property Development Ltd (High Court, 7 September, 2017) once again highlights the difficult area of undue influence in the context of guarantees...
Matheson
There is no legislative framework in Ireland to facilitate class actions.
Ronan Daly Jermyn
A Practice Direction has been issued by the Presidents of the High Court and the Court of Appeal to clarify the position of so-called McKenzie Friends.
Ronan Daly Jermyn
In the recent High Court case of Geraldine Cantrell v Allied Irish Banks Plc, the Second Belfry Properties (UK) Plc and Others, the Plaintiff sought an order for damages for breach of contract,
Ronan Daly Jermyn
The recent English decision in the case of Megan Tanner (a child by her father and litigation friend) v Sarkar (2017) LTL 4 April (HHJ Buckingham, Hull CC) is the first reported secondary victim claim involving a child.
Ronan Daly Jermyn
An Engineer who was refused permission to photograph the Defendant's premises in the course of an engineering inspection has been granted an order permitting him to re inspect the property, ...
Ronan Daly Jermyn
Despite the settlement, the Supreme Court published its judgment with the substituted figure redacted.
Mason Hayes & Curran
The Motor Insurers' Bureau of Ireland was established to compensate victims of road traffic accidents caused by uninsured and unidentified vehicles.
Arthur Cox
The newspaper sought to have the latter claims (relating to the statements made to Mr. O'Brien) struck out as an abuse of process based on their similarity to the claims relating to the newspaper articles.
Maples and Calder
Purchasers of distressed debt have inevitably found themselves involved in legal disputes with borrowers seeking to undermine the loan purchaser's position as secured lender or at least put it on full proof of its entitlements.
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Matheson
Straitened times have led to an increase in litigation before the courts involving lay litigants or litigants in person acting without formal legal representation.
Dillon Eustace
In a most welcome development, the Department of Expenditure and Reform has issued a Circular (17/2017 which is effective since 26 October 2017) which has the effect of obliging Government Departments...
Arthur Cox
The Irish High Court recently refused to grant an injunction to prohibit legal proceedings in the United States...
Dillon Eustace
Mediation has been defined in the Act as a "confidential, facilitative, and voluntary process in which parties to a dispute...
Mason Hayes & Curran
In 2016, the Irish Courts continued to adopt new processes to increase the speed, efficiency and predictability of trials and to promote the use of alternative dispute resolution...
Mason Hayes & Curran
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.
Ronan Daly Jermyn
The Mediation Act (the "Act"), which was signed into law on 2 October 2017, places a new statutory obligation on litigants to consider mediation as a means of resolving a dispute.
Matheson
There is no legislative framework in Ireland to facilitate class actions.
Maples and Calder
Purchasers of distressed debt have inevitably found themselves involved in legal disputes with borrowers seeking to undermine the loan purchaser's position as secured lender or at least put it on full proof of its entitlements.
Dillon Eustace
Negligent misstatement occurs where there is a representation of fact, which is incorrect, which is carelessly made, and is relied on by another party to their disadvantage.
Dillon Eustace
The plaintiff in this case was the collector general for the Revenue Commissioners who was claiming €184,545.68 from the defendants.
Dillon Eustace
On 28 March 2017 the President of the High Court issued a new practice direction.
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