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Results: 1-10 of 18

ECJ test- Achats decision

  • Matheson
  • -
  • European Union, Ireland
  • -
  • March 4 2011

The European Court of Justice (the "ECJ") has held that Article 5(2) of the European Gender Directive (004113EC) will be invalid from 21 December 2012, on the basis that it is contrary to the EU's fundamental principle of equal treatment between men and women

High Court upholds Financial Services Ombudsman finding and clarifies its role in hearing appeals from decisions of the FSO

  • Matheson
  • -
  • Ireland
  • -
  • April 11 2011

The High Court has confirmed, in the recent case of Caledonian Life v Financial Services Ombudsman, that an appeal against a finding of the Financial Services Ombudsman (the "FSO") is not a de novo hearing of the original complaint but rather a review of the FSO's decision making procedure

Increased regulation relating to maritime insurance

  • Matheson
  • -
  • Ireland
  • -
  • January 24 2012

The European Union (Insurance Of Shipowners For Maritime Claims) Regulations 2011 (SI 6862011) (the “Regulations”) have been passed to transpose Directive 200920EC (the “Directive”) into Irish law

Security for costs

  • Matheson
  • -
  • Ireland
  • -
  • July 27 2011

The general rule is that the unsuccessful party to litigation pays the costs of the successful party

Dealing with delays in professional negligence claims - how long must insurers wait?

  • Matheson
  • -
  • Ireland
  • -
  • April 23 2012

It is not uncommon in professional negligence claims for there to be long periods of inactivity where the claimant does not prosecute the claim

Getting down to business in the Commercial Court

  • Matheson
  • -
  • Ireland
  • -
  • September 20 2012

The vast majority of cases admitted to the list have been commercial claims with a value in excess of 1 million (1165 in total

Jurisdiction clauses in insurance policies High Court decision in Lartigue Enterprises Ltd v Three Lions Underwriting Ltd

  • Matheson
  • -
  • European Union, Ireland
  • -
  • September 20 2012

The insurers asked the Court to decline jurisdiction to hear the case in favour of an English court in circumstances where the slip stated that coverage disputes would be governed by the law of England and Wales and conferred jurisdiction on the English courts

High Court sets aside finding of fact by Financial Services Ombudsman

  • Matheson
  • -
  • Ireland
  • -
  • January 29 2013

The recent decision of the High Court in Irish Life and Permanent plc (trading as Permanent TSB) v the Financial Services Ombudsman shows that while

Health insurance update

  • Matheson
  • -
  • Ireland
  • -
  • April 22 2013

On 7 March 2013, the High Court handed down judgment in favour of the respondents in the case of BUPA Ireland Ltd & Anor v The Health Insurance

Courts Bill 2013 monetary jurisdiction in Circuit and District Courts set to increase substantially

  • Matheson
  • -
  • Ireland
  • -
  • April 22 2013

On 22 March 2013 the Minister for Justice, Equality and Defence, Alan Shatter TD, announced the publication of the Courts Bill 2013. One of the