Ireland: Court Procedure

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Article
Cross-border Patent Litigation And The UPC’s Expanding Reach: Implications For Ireland
The Unified Patent Court's jurisdiction is extending beyond its contracting member states, creating new enforcement possibilities and risks for businesses across Europe. Recent landmark decisions are establishing when the UPC can hear cases involving non-member territories like Ireland and the UK, with significant implications for patent holders, defendants, and even EU authorized representatives who may find themselves unexpectedly drawn into pan-European patent disputes.
European Union IP
M
Matheson
Article
What The High Court’s New AI Guidance Means For Irish Tax Appeals
Ireland's High Court has issued formal guidance on using generative AI in legal proceedings, requiring human oversight, verification, and disclosure when AI tools are employed in court documents and expert reports. While the directive specifically applies to High Court proceedings, its implications extend to Tax Appeals Commission cases, where expert evidence must remain independent and any substantial use of AI must be declared to ensure reliability and evidential weight.
Ireland Tax
M
Matheson
Article
High Court Upholds Letters Rogatory Despite Non-disclosure At Ex Parte Stage
The Irish High Court has clarified the standards for material non-disclosure in ex parte Letters Rogatory applications, examining when procedural omissions warrant setting aside judicial assistance orders. This decision explores the balance between full disclosure obligations and the court's discretion to maintain orders where non-disclosure was inadvertent and no prejudice resulted.
Global Litigation
AC
Arthur Cox
Article
‘It’s Good To Talk’: High Court Clarifies Impact Of CCMA Engagement With Borrowers After Proceedings Commence
The High Court has ruled on whether lenders must halt possession proceedings after re-engaging with borrowers under mortgage arrears protocols. This case examines the interplay between the Code of Conduct on Mortgage Arrears and ongoing court proceedings, clarifying when post-commencement borrower communications affect a lender's ability to obtain possession orders.
Ireland Litigation
RL
RDJ LLP
Article
Cross-border Litigation – Recent Irish Court Guidance On Jurisdictional Rules
Recent Irish court decisions clarify complex jurisdictional rules for serving proceedings on co-defendants across multiple jurisdictions, addressing when leave is required for EU versus non-EU defendants and establishing when courts should exercise discretion to assume jurisdiction. These rulings resolve widespread misconceptions about service requirements and provide critical guidance on the "anchor defendant" gateway and forum conveniens considerations in cross-border litigation.
Ireland Litigation
M
Matheson
Article
Gatekeeping Justice: What 153 Supreme Court Determinations In 2025 Tell Us About Likely Trends For 2026
This article examines the Supreme Court's evolving role following Ireland's 2014 constitutional amendment, analyzing how the establishment of the Court of Appeal transformed the Supreme Court into a specialized tribunal for cases of exceptional public importance. Through a comprehensive review of 153 determinations made in 2025, the analysis explores the criteria for securing leave to appeal and identifies emerging trends in the application of the "Karshan factor" for leapfrog appeals.
Ireland Litigation
MF
McCann Fitzgerald
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