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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


The Supreme Court’s first ever GAAR decision
  • Matheson
  • Ireland
  • April 24 2012

In December 2011, the Irish Supreme Court delivered its judgments in the first case before it on the Irish general anti-avoidance rule (the “GAAR”


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


US Government Successfully Applies to Participate in European Data Privacy Case in Ireland
  • Matheson
  • European Union, Ireland, USA
  • July 21 2016

The last two weeks have seen significant developments on both sides of the Atlantic in legal cases concerning international data privacy law. First


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


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


"Francovich" damages awarded against Ireland for breach of European Law
  • Matheson
  • European Union, Ireland
  • June 9 2015

In December 2014, the Irish High Court awarded damages of over 100,000 against Ireland and the Attorney General to an individual due to


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