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Results: 1-10 of 348

The Microsoft Warrant case: not just an Irish issue

  • Matheson
  • -
  • Ireland, USA
  • -
  • October 8 2014

John O'Connor outlines the latest position in the 'Microsoft Warrant case' where the Cloud provider was ordered by a US Federal Court to produce its

Court confirms restrictive approach to mandatory interlocutory injunctions

  • Matheson
  • -
  • Ireland
  • -
  • November 20 2012

An injunction is effectively an order restraining a party to which it is directed from taking a particular act or requiring it to take a particular course of action

Waiver of conditions precedent

  • Matheson
  • -
  • Ireland
  • -
  • September 24 2012

A recent High Court decision will bring increased discipline to the commercial reality and market practice of dealing with the waiver of any condition precedent required under the terms of a transaction

Obligation to negotiate in good faith?

  • Matheson
  • -
  • Ireland, United Kingdom
  • -
  • November 30 2009

Traditionally the common law has refused to recognise a duty to negotiate in good faith in run-of-the-mill transactions between parties acting at arm’s length on the basis that such obligations are too uncertain

Compensation awards on the increase for false accusations of shoplifting

  • Matheson
  • -
  • Ireland
  • -
  • February 28 2014

The level of compensation awarded in Circuit Court defamation actions arising from incorrect allegations of shoplifting has risen in recent months. At

‘No transaction’ damages in professional negligence cases

  • Matheson
  • -
  • Ireland, United Kingdom
  • -
  • January 15 2013

A number of recent High Court decisions have involved cases in which lenders have taken action against their former legal advisors for negligence

Meaning of a "perpetual" licence

  • Matheson
  • -
  • Ireland
  • -
  • June 15 2010

In a recent case, BMS Computer Solutions Limited v AB Agri Limited, the UK High Court considered the meaning of the term "perpetual" in the context of a software licensing agreement

Summary relief denied in defamation action

  • Matheson
  • -
  • Ireland, USA
  • -
  • August 9 2011

TD Michael Lowry failed to obtain summary judgement for defamation against journalist Sam Smyth. In one of the first applications pursuant to the Defamation Act 2009, Mr Lowry sought summary relief that Mr Smyth’s description of him as a liar, was defamatory

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

Akzo Nobel case - privilege does not apply to in house lawyers in EU competition law investigations European Court of Justice decision

  • Matheson
  • -
  • European Union, Ireland
  • -
  • October 11 2010

A recent decision of the European Court of Justice (ECJ) has confirmed that internal communications between in-house lawyers and their fellow company employees are not privileged in relation to European Commission (Commission) competition law cases