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Results: 1-10 of 58

Determining governing law not a separable issue
  • Matheson
  • Ireland
  • January 19 2016

The High Court has deemed that the question of determining which governing law applies to a dispute should not be dealt with as a separate and


Irish High Court’s first engagement with litigation funding
  • Matheson
  • Ireland
  • October 19 2015

The Defendants in the ongoing Persona litigation (Persona Digital Telephony Ltd & Anor v Minister for Public Enterprise, & Ors 2015 IEHC 457) were


Court considers where the balance of justice lies in dismissing claims for delay
  • Matheson
  • Ireland
  • October 6 2015

A recent decision has usefully synthesised the principles applicable to dismissing claims for delay, which in this case had been brought by the


Limits to company representation in litigation
  • Matheson
  • Ireland
  • May 12 2015

A recent High Court decision reconsidered the circumstances in which a shareholder or director may represent a company in legal proceedings


Incorporating contractual terms by reference
  • Matheson
  • Ireland
  • August 14 2014

A recent decision, National Asset Loan Management Limited v Michael Barker and Others 2014 IEHC 216, confirmed that as part of a summary judgment


“Examinership-lite” - changes introduced by The Companies (Miscellaneous Provisions) Act 2013
  • Matheson
  • Ireland
  • January 2 2014

The Companies (Miscellaneous Provisions) Act, 2013 (the "Act") was signed into law on 24 December 2013 and has introduced what has become


Getting down to business in the Commercial Court
  • Matheson
  • Ireland
  • September 20 2012

The vast majority of cases admitted to the list have been commercial claims with a value in excess of 1 million (1165 in total


Withholding consent in a commercial context what’s reasonable?
  • Matheson
  • Ireland
  • September 13 2012

In the recent case of Porton Capital Technology Funds & Ors v 3M UK Holdings Ltd & Anor the English High Court considered the relevant principles to be applied where a Share Purchase Agreement provided that the purchaser of the business could not cease to carry on the business without the vendor’s consent, such consent “not to be unreasonably withheld”


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


Companies Act: security for costs
  • Matheson
  • Ireland
  • May 1 2012

Under Irish law, as a general rule, costs typically follow the event such that the winning party recovers its party and party costs from the unsuccessful party