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Matheson | Ireland, United Kingdom | 18 Mar 2019

Brexit and contracts – a practical guide for Irish businesses

Irish businesses trying to navigate the current Brexit landscape should consider the impact of events on their contractual relationships. As Brexit will directly or indirectly affect most, if not all, transactions between Irish and UK businesses or Irish businesses doing business in the United Kingdom (including Northern Ireland), Irish suppliers must consider not only events which may......
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Matheson | Ireland | 15 Feb 2018

Mediation Act 2017

The Mediation Act 2017 recently entered into force. The act's objective is to promote mediation as an attractive alternative to court proceedings, in terms of time, cost, resources and the avoidance of acrimony. Although mediation may not be suitable for all disputes, the act provides a platform for parties to resolve their difficulties without commencing litigation where appropriate (albeit......
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Matheson | Ireland | 7 Nov 2017

Assisting lay litigants: recent guidance

Straitened times have led to an increase in litigation before the courts involving lay litigants or litigants in person acting without formal legal representation. Notwithstanding that such litigants may not have instructed a solicitor or barrister, they sometimes appear with assistance from a non-legally qualified third party. Recent practice directions across the various levels of the court......
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Matheson | European Union, Ireland | 27 Sep 2016

Mediation not always appropriate

A recent High Court decision reaffirms that not all cases are appropriate for mediation. Although the Irish courts are supportive of mediation and recognise the benefits that it may bring in the context of a commercial dispute, the court rules pursuant to which proceedings might be adjourned to facilitate mediation will not always be invoked. In considering whether to make an order pursuant......
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Matheson | Ireland | 16 Aug 2016

Cross-examination and interlocutory applications

A recent High Court decision confirms that cross-examination of deponents of affidavits will not generally be permitted on an interlocutory application. This decision serves as a useful reminder that interlocutory applications typically proceed by way of affidavit evidence only. Accordingly, a party involved in an interlocutory application should think twice before seeking to cross-examine a......
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Matheson | Ireland | 5 Jul 2016

Supreme Court guidance on litigation limits

The Irish judiciary has long been cognisant of the rights of all parties to access the courts and have a right to a fair hearing. However, due to straitened economic circumstances, litigation is increasingly conducted by litigants in person, meaning that strict compliance with court procedures is not always possible. The Supreme Court recently offered some guidance with regard to the......
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Matheson | Ireland | 28 Jun 2016

Modular trials: new rules and old guidance

The Irish courts have recognised the possibility of modular trials, where a specific or discrete module of the proceedings might be tried in and of itself, independently of any other aspects of the proceedings, as being appropriate in certain circumstances. It is apparent from existing case law that modular trials constitute an exception to the usual unitary approach to hearings in Ireland....
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Matheson | Ireland | 24 May 2016

Old limitations on third-party funding still apply

The High Court recently confirmed that maintenance and champerty remain part of Irish law. The decision is significant to third-party funders, which face a challenging legal landscape in Ireland. Ultimately, the court concluded that maintenance and champerty continue to be torts and offences in Ireland and, as such, it is prohibited for an entity to fund litigation in which it has no......
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Matheson | Ireland | 22 Mar 2016

ADR invitations not always appropriate

The Court of Appeal has confirmed that although alternative dispute resolution is worthwhile in many cases, it is inappropriate to invite parties to mediate in all cases. The decision identifies the circumstances that a court may consider when faced with an application to issue an invitation to mediate. It is one example of a case in which the novelty of the legal issues involved mean that......
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Matheson | Ireland | 1 Mar 2016

Injunctions and the nature of the order sought

A recent High Court decision has confirmed that when faced with an injunction application, the court will examine the precise nature of the order sought in considering whether to grant an injunction, rather than simply relying on how the applicant might characterise it. This arises from the fact that different standards apply, depending on whether the order sought is prohibitory or mandatory......
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