Ireland: Litigation, Mediation & Arbitration

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.

The High Court examined whether an order giving effect to Letters Rogatory should be set aside due to alleged material non-disclosure and claims of oppression. The case arose from a dispute over the sale of the World Marathon Challenge event, involving intellectual property rights and parallel proceedings in multiple jurisdictions.

The High Court has granted a Norwich Pharmacal order, directing RTÉ (Ireland’s national public broadcaster) to disclose unedited footage captured as part of an undercover investigation into alleged failures of care at two Irish nursing homes.

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.

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.

This article examines the mandatory Clause 10.6 valuation hierarchy under the Public Works Contract, exploring how adjustments to contract sums are calculated through rate-based and cost-based methods. It analyzes the legal framework governing variations, from contractual valuation rules through to residual remedies of fair valuation and quantum meruit, with particular attention to preliminary overheads and the procedural discipline required of employers and Employer's Representatives.

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.

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.

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.

Ireland's collective litigation landscape is rapidly evolving with new qualified entities joining the register and the country's first representative action proceeding to trial. As third-party litigation funding recommendations loom on the horizon, businesses face an increasingly complex legal environment that demands careful attention to potential exposure and strategic risk assessment.

The newly-introduced European Union Representative Actions Directive ((EU) 2020/1828) has the aim of enabling consumers within the EU to pool together to protect their interests in a range of sectors, ...

International Arbitration Comparative Guide for the jurisdiction of Ireland, check out our comparative guides section to compare across multiple countries