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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

Endeavours endeavours

  • LK Shields
  • -
  • Ireland
  • -
  • January 21 2011

Most parties who have been involved in any sort of commercial negotiations leading to written contracts will be reasonably familiar with the terms "best endeavours" and "reasonable endeavours", used in circumstances where it is not possible to give an absolute contractual commitment

EU Brussels I Regulation raises questions of jurisdiction

  • Matheson
  • -
  • Ireland
  • -
  • January 17 2012

In Anglo Irish Bank Corporation Limited v Quinn Investments Sweden AB the High Court had to consider applications under Articles 23 and 28 of the EU Brussels I Regulation

Converted floating charge still ranks behind preferential creditors

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • March 30 2011

In J.D. Brian Ltd (in liquidation) & Others the High Court held that, where a floating charge crystallised prior to the commencement of a winding-up, the preferential creditors still had priority pursuant to in section 285 of the Companies Act 1963 over the holder of what had become a fixed charge

Remit of Small Claims Court extended to business claims

  • A&L Goodbody
  • -
  • Ireland, United Kingdom
  • -
  • January 12 2010

New legislation has been introduced extending the remit of the Small Claims Procedure to include certain business claims

Supreme Court decides that companies cannot be restricted under section 150

  • A&L Goodbody
  • -
  • Ireland
  • -
  • December 31 2008

The Supreme Court decided on 16 December 2008 in the Worldport Ireland Limited case that bodies corporate or companies cannot be restricted under Section 150 of the Companies Act 1990

Endeavours in commercial contracts

  • LK Shields
  • -
  • Ireland, United Kingdom
  • -
  • November 15 2011

Most parties who have been involved in any sort of commercial negotiations leading to written contracts will be reasonably familiar with the terms "best endeavours" and "reasonable endeavours", used in circumstances where it is not possible to give an absolute contractual commitment

IDEA January 2013

  • William Fry
  • -
  • Ireland
  • -
  • February 26 2013

2013 is underway with a higher degree of activity than is normally seen this early in the year. Economic prospects and commercial activities are both

Director liability for environmental clean up

  • A&L Goodbody
  • -
  • Ireland, United Kingdom
  • -
  • March 8 2011

On 3 March 2011, Mr Justice Edwards in the High Court held that the courts do not have jurisdiction to pierce the corporate veil and impose so called "fall back" liability on directors personally for environmental cleanup

Justice denied for in-house lawyers!

  • A&L Goodbody
  • -
  • European Union, Ireland
  • -
  • September 14 2010

Despite a battle stretching back 28 years, the EU's Court of Justice has today refused to recognise that in-house counsel may give privileged or confidential legal advice in competition matters to their corporate colleagues