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Searching Content indexed under Trials & Appeals & Compensation by Mason Hayes & Curran ordered by Published Date Descending.
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1
Privacy At What Cost? Consequences Of The High Court's Judgment In The Graham Dwyer Case
"In what circumstances does a democracy tolerate State mandated electronic surveillance of every citizen who uses a telephone device?"
European Union
18 Dec 2018
2
Liability Of Professional Regulators For Legal Costs?
In Teaching Council of Ireland v MP[1], following the dismissal of a teacher for gross misconduct, the school made a complaint to the Teaching Council.
Ireland
9 Mar 2018
3
Attention Lenders – Validity Of Cross-Security Arrangement Upheld
In a recent Irish Court of Appeal case, two brothers unsuccessfully sought to rely on the equitable doctrine of consolidation to defeat the validity of a cross-security arrangement with their bank.
Ireland
27 Feb 2018
4
Volkswagen – One Size Fits All?
An interesting decision of the High Court followed an application by Volkswagen (Ireland) for judicial review of the conduct of civil proceedings in the Castlebar District Court.
Ireland
26 Feb 2018
5
Contempt Of Court
Further to our Insolvency Update issued on 11 December 2017, a recent High Court case has demonstrated the courts' willingness to take firm action against litigants acting in defiance of court orders.
Ireland
26 Feb 2018
6
Notable IP Cases From 2017
While several of the Irish decisions did not amount to unprecedented changes to Ireland's IP landscape, they did confirm the approach to be taken on many issues.
Ireland
18 Jan 2018
7
Lay Litigants And Mckenzie Friends – A Positive Reaction To A Recent Trend
A recent practice direction (HC72) has provided important guidance on the role of a "McKenzie Friend" in assisting lay litigants before the civil courts.
Ireland
19 Oct 2017
8
Penalty Clauses – Recent Supreme Court View
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.
Ireland
19 Oct 2017
9
Pensions Update: Landmark Ruling Points The Way Forward For Pension Schemes In Ireland
In July 2017, the UK Supreme Court unanimously ruled in Walker v Innospec Limited & Others that an exemption in the UK Equality Act 2010 is discriminatory and in breach of EU equality law.
Ireland
25 Sep 2017
10
True Sale Or Security Assignment?
The Bank of Ireland v Eteams (International) Limited has recently clarified Ireland's position on the test to determine if a transaction constitutes a true sale of book debts or instead amounts, in substance, to the creation of a mortgage and charge.
Ireland
17 Aug 2017
11
Planning Issues In Energy Projects Relying On Section 5 Declarations
In O'Grianna & Ors. v An Bord Pleanála [2014] IEHC 632 23, the High Court held that a project could not, for planning purposes, lawfully be split into two independent parts – the wind farm and the grid connection.
Ireland
15 Aug 2017
12
No Break For Kit Kat As Cadbury Wins Again
In May 2017, the UK Court of Appeal ruled that Nestlé‘s 3D shape mark for the four-fingered Kit Kat product cannot be registered in the UK.
UK
8 Aug 2017
13
Refusing FOI Requests - The Latest From The Courts
In April 2017, the High Court delivered its decision in Minister for Communications, Energy and Natural Resources v The Information Commissioner [2017] IEHC 222.
Ireland
29 Jun 2017
14
Lis Pendens Procedure Needs Urgent Review
A lis pendens (the Latin term for "litigation pending") is a registered burden indicating that litigation is pending in relation to an interest or estate in certain property.
Ireland
28 Jun 2017
15
Confirming Professional Disciplinary Sanctions: The High Court's Jurisdiction
Two recent High Court judgments have clarified the Court's jurisdiction when asked to confirm a sanction handed down by a professional regulatory body following a fitness to practise inquiry.
Ireland
26 May 2017
16
Better Value For Dunnes In Court Of Appeal As High Court Ruling Overturned
Dunnes ran an advertising campaign in the summer of 2013 which claimed that their prices were cheaper than Aldi's prices for 262 separate products.
Ireland
22 May 2017
17
Who Is Taking Advantage Of Distressed Borrowers?
The High Court has expressed concern that distressed borrowers are being duped into paying money to the anonymous promoters of schemes, which purport to protect them from enforcement by lenders but are actually 'utterly misguided and spurious'.
Ireland
5 May 2017
19
Standby Letters Of Credit - Autonomy Principle Still Stands
The English Court of Appeal has recently re-affirmed, in National Infrastructure Development Co Ltd v Banco Santander...
Ireland
12 Apr 2017
20
"Un-Parliamentary Language?"
The High Court recently decided that opinions expressed by members of the Dail Public Accounts Committee attract absolute privilege and are protected by the Constitution from judicial interference...
Ireland
10 Apr 2017
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