Ireland: Court Procedure

The Irish High Court has expanded the scope of Norwich Pharmacal Orders beyond traditional litigation contexts, ruling that RTÉ must disclose unedited undercover footage from nursing homes to support a regulatory investigation. This landmark decision addresses critical questions about when courts can compel third parties to provide information, the boundaries of journalistic material disclosure, and how privacy rights balance against urgent public interest in regulatory enforcement.

The Irish High Court has signalled that incumbent tenderers who benefit financially from automatic contract suspensions may face scrutiny if they refuse to offer undertakings covering losses to winning bidders. In a €51.2 million parking enforcement framework case, the Court lifted the suspension after the losing incumbent declined to compensate the successful tenderer for costs of securing a time-sensitive resource underpinning its bid.

The High Court has issued a new Practice Direction governing the use of generative AI in litigation, establishing mandatory disclosure requirements for affidavits, witness statements and expert reports. Legal practitioners must now ensure all AI-generated content is verified, accurate and compliant with professional obligations, with significant sanctions for non-compliance including costs orders and potential referral to regulatory authorities.

The International Chamber of Commerce has unveiled its 2026 arbitration rules, marking the most significant procedural overhaul in years by eliminating mandatory Terms of Reference and introducing highly expedited procedures.

The Irish Court of Appeal has established groundbreaking principles governing artificial intelligence use in legal proceedings, addressing the risks of AI-generated hallucinations and fabricated case citations. What obligations do litigants and lawyers now face when leveraging AI tools for legal research, and what sanctions might courts impose for non-compliance with these new guidelines?

As a continuation of Part 2 in this series, which addressed some themes we commonly encounter relating to the process requirements of public inquiries and the handling of documentary evidence in particular...

The Supreme Court has clarified the threshold for renewing personal injury summonses beyond the standard 12-month validity period, establishing that "special circumstances" must exist beyond ordinary delays.

The recent dismissal by the High Court (Court) of a judicial review of the N2 Slane Bypass scheme highlights a rising feature of planning litigation: challenges based on alleged deficiencies...

On 5 December 2024, the Irish Court of Appeal referred to the Court of Justice of the European Union ("CJEU") a question about site-specific conservation objectives...