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Searching Content indexed under Trials & Appeals & Compensation by Dillon Eustace ordered by Published Date Descending.
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1
Insurers Must Pay Costs Of Coming Off Record
A recent decision of the High Court provides some insight as to the extent to which an insurer may be liable to pay costs when it instructs its solicitors to come off record for an insured
Ireland
12 Sep 2019
2
High Court: Impact On Professional Indemnity Insurance A Factor In Dismissal Of Negligence Claim
The High Court dismissed a plaintiff's action for professional negligence against two separate law firms on the grounds of inordinate and inexcusable delay.
Ireland
28 Aug 2019
3
Photographs And Privacy – When Does An Expectation Of Privacy Arise?
A recent Court of Appeal decision provided some interesting comments on the right to privacy in the context of photographs published by media organisations
Ireland
20 Aug 2019
4
Court Of Appeal: Financial Loss Claims Statute Barred
The Court of Appeal has overturned a finding of the High Court in one of the so-called "pathway cases", setting the parameters for hundreds of investors seeking damages against AIB and a number of other defendants for losses ...
Ireland
15 Aug 2019
5
Professional Negligence Claim Dismissed On Grounds Of Delay
A plenary summons was issued in early 2011.
Ireland
29 Jul 2019
6
Supreme Court Confirms That "Officially Induced Error" Can Halt A Criminal Trial
The Supreme Court also referred to other evidence put forward by Mr. Casey to support his argument of officially induced error.
Ireland
12 Mar 2019
7
Concurrent Wrongdoers And The Civil Liability Act – Defender v HSBC
A recent High Court judgement delivered by Mr Justice Michael Twomey analysed the link between blameworthiness and causation in ascertaining the impact of the Civil Liability Act 1961 (the "CLA")
Ireland
1 Mar 2019
8
Legal Privilege Update: Part 2 Of 3
This is the second article in our three part update series and deals with the maintenance and loss of a claim of litigation privilege in subsequent proceedings.
Ireland
20 Feb 2019
9
Legal Privilege Update: Part 1 Of 3
The High Court has recently handed down a number of key decisions on legal privilege.
Ireland
20 Feb 2019
10
Interplay Between The MUD Act And Insolvent Development Companies
A recent High Court case, Lee Towers Management Company Limited v Lance Investments Limited & Ors serves as a helpful reminder of the extensive statutory rights now available to both unit owners and owners' management...
Ireland
8 Jan 2019
11
Confirmation Of The Irish Position On Litigation Trafficking
In the landmark decision of SPV Osus Ltd v. HSBC Institutional Trust Services (Ireland) Limited & Ors, the Supreme Court held that the assignment of a right to litigate ...
Ireland
7 Dec 2018
12
Who Should Sue – A Bare Trustee Or A Beneficial Owner?
In the recent case of Pepper Finance Corporation (Ireland) DAC v Jenkins & anor, the High Court determined who should initiate enforcement proceedings.
Ireland
4 Dec 2018
13
Settling With A Concurrent Wrongdoer
In December 2010, Bank of Ireland (the "Bank") advanced €7,473,348.47 to joint borrowers (the "borrowers") and the defendant.
Ireland
30 Nov 2018
14
Tanager V Kane – Court Of Appeal Judgment
Following the decision in the Circuit Court and the interim ruling in the High Court on appeal, the Court of Appeal delivered a judgment on 31 October 2018 in relation to certain questions of law...
Ireland
30 Nov 2018
15
Legal Representation In Internal Disciplinary Processes
The recent Court of Appeal judgment in Iarnrod Eireann / Irish Rail v. McKelvey [2018] IECA 346 deals with question of the right of employees to have external representation in internal disciplinary procedures.
Ireland
22 Nov 2018
16
Penalty Clauses And Enforcement Issues
Flynn & Anor v Breccia [2018] IECA 273; Sheehan v Breccia & Ors [2018] IECA 286
Ireland
30 Oct 2018
17
Courting Mediation
The courts will generally be in favour of alternative dispute resolution and will often encourage parties to resolve disputes by mediation.
Ireland
17 Oct 2018
18
Costs Differential Orders
In a move to clarify the position in relation to differential costs orders the Court of Appeal has allowed an appeal and determined that proceedings were brought incorrectly in the High Court.
Ireland
17 Oct 2018
19
Court Encourages Alternatives To Discovery
Modern discovery rules and procedure came under more scrutiny in the recent Court of Appeal decision delivered by Judge Hogan on 09 July 2018
Ireland
11 Oct 2018
20
Legal Representation In Internal Employment Procedures
The recent High Court judgment in Michael Lyons v Longford Westmeath Education and Training Board deals with the vexed question of the right of employees to have external representation in internal grievance or disciplinary procedures.
Ireland
11 Jul 2017
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