Mondaq All Regions - Ireland: Litigation, Mediation & Arbitration
Mason Hayes & Curran
We review some key developments in the area of litigation and dispute resolution in Ireland during 2017.
Ronan Daly Jermyn
On the 15th of December 2017, Mr. Justice Gerard Hogan delivered the long-awaited Court of Appeal decision in the case of Used Car Importers of Ireland Limited v Minister for Finance...
Mason Hayes & Curran
The Mediation Act 2017 (the "Mediation Act") was commenced with effect from 1 January 2018.
Arthur Cox
The Ministerial Order providing for the commencement of the Mediation Act 2017 has been signed. From 1 January 2018, solicitors, including in-house solicitors, will have to advise their clients to consider mediation...
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
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.
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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.
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
Arthur Cox
The Ministerial Order providing for the commencement of the Mediation Act 2017 has been signed. From 1 January 2018, solicitors, including in-house solicitors, will have to advise their clients to consider mediation...
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.
Matheson
There is no legislative framework in Ireland to facilitate class actions.
Dillon Eustace
Mediation has been defined in the Act as a "confidential, facilitative, and voluntary process in which parties to a dispute...
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
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
Julie Murphy-O'Connor and Gearóid Carey author the Irish chapter for Enforcement of Foreign Judgments 2017, 2nd Edition.
Arthur Cox
Damages for pain and suffering in personal injury claims have been cut by up to 50% in a number of recent Court of Appeal decisions.
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.
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