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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


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


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


Episode 23: Is Gross Negligence also Gross Misconduct?
  • Matheson
  • Ireland, United Kingdom
  • March 30 2017

Bryan Dunne looks at a recent decision of the UK Court of Appeal which finally settles the question of whether or not an employee can be dismissed for


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


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


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


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


Supreme Court Clarifies Application of Bankers’ Books Evidence Acts
  • Matheson
  • Ireland
  • February 5 2016

The Supreme Court in the case of Ulster Bank v O'Brien holds that banks need not comply with the provisions of the Bankers' Books Evidence Acts when


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