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Court of Appeal Confirms There is No General Duty of Good Faith in Irish Contract Law
  • Matheson
  • Ireland
  • March 13 2017

A recent Court of Appeal decision has restored certainty that, under Irish law, there is no general duty of good faith in the context of commercial


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


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


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


"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


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


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


Competition Law Damages Actions - Rules Make Ireland an Attractive Venue for Competition Litigation
  • Matheson
  • European Union, Ireland
  • February 28 2017

This week saw publication of the European Union (Actions for Damages for Infringements of Competition Law) Regulations 2017 (“Regulations”). The


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