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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


Derivative actions and exceptions to Foss v Harbottle
  • Matheson
  • Ireland
  • September 4 2012

As a general rule, Irish law does not permit a shareholder to bring an action on behalf of the company in which it holds shares and treats the company itself as the proper plaintiff


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


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


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


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


Mental health, taking of blood samples without patient consent
  • Matheson
  • Ireland
  • February 1 2012

Mr Justice MacMenamin in his judgement dated 26 July 2011, held that the taking of blood samples by doctors treating a woman suffering from severe mental illness was lawful, despite her failure to give consent


Cross-examination and interlocutory applications
  • Matheson
  • Ireland
  • August 16 2016

A recent High Court decision has confirmed that cross-examination of deponents of affidavits will not generally be permitted on an interlocutory


Striking out third party claims
  • Matheson
  • Ireland
  • June 9 2015

The appropriate test for determining whether to dismiss and or strike out a third party claim was examined recently by the High Court in IBRC and