News & Insights
New Procedural Dawn: An Analysis of the 2024-2025 Reforms to Interrogatories in Irish Civil Litigation
Part I: The Old Regime: Interrogatories as a Reluctant Tool To fully appreciate the significance of the 2024-2025 reforms, it is essential to first understand the procedural landscape that preceded them. Historically, interrogatories—a series of written questions posed by one party to another, to be answered on oath—were a relatively uncommon feature of Irish civil […]
Read MoreMissed the Deadline to Appeal a Court Ruling? Here’s What You Need to Know
In the world of legal claims, deadlines are everything. They provide certainty and ensure that legal disputes eventually come to an end. But what happens if you receive a court judgment you believe is wrong, and for a legitimate reason, you miss the strict time limit to file an appeal? It’s a sinking feeling, but […]
Read MoreThe Bigger Picture: How Irish Courts Value Multiple Injury Claims
If you’ve been unfortunate enough to suffer multiple injuries in an accident, one of the most pressing questions is: how is my claim for compensation actually valued? If you’ve injured your back, broken your wrist, and developed anxiety, does a court simply add up the values for each injury? The answer, perhaps surprisingly, is no. […]
Read MoreUnderstanding UK Supreme Court’s Take on Directors’ Duties
Company directors have long been bound by the principle of acting in the company's interests. However, the introduction of the Preventive Restructuring Regulations 2022 in Ireland has added layers to this responsibility, particularly concerning creditors when a company faces insolvency. While Irish courts have yet to provide clear guidance on reconciling these duties, the UK […]
Read MoreImpacts of Proposed Defamation Law Reforms in Ireland
The landscape of defamation law in Ireland is on the brink of significant change with new legislative reforms under consideration. The Defamation (Amendment) Bill 2024, which was temporarily shelved during the dissolution of the Oireachtas for the general election, has been reinstated and is progressing through the legislative process. This Bill aims to modernise the […]
Read MoreThe Illusion of Fairness: Why It’s Time to Rethink the Injuries Resolution Board
When the Injuries Resolution Board (IRB) was first established in Ireland, it was heralded as a progressive solution to the slow and costly machinery of litigation. It promised a streamlined, non-adversarial process for resolving personal injury claims, one that would ease pressure on the courts while delivering justice quickly and efficiently to injured parties. The […]
Read MoreUnderstanding Force Majeure in Construction Contracts
In recent years, Ireland has experienced a series of significant weather events, prompting a renewed focus on the role of force majeure provisions in construction contracts. These clauses serve as a critical mechanism, allowing parties to suspend obligations when faced with extraordinary, unforeseen circumstances beyond their control. Defining Force Majeure Force majeure, a term with […]
Read MoreCan Emojis and WhatsApp Create Legally Binding Contracts?
In today’s digital landscape, messaging platforms such as WhatsApp, along with the use of emojis, have become integral to business communications. This shift raises intriguing questions about the potential for these informal methods to establish legally binding contracts. Recent legal cases have highlighted this evolving dynamic, with decisions that illustrate how modern communication tools are […]
Read MoreUnderstanding Enforceability of Surcharge Interest Clauses in Ireland
Recent developments in Irish law have clarified the enforceability of surcharge interest clauses, particularly within loan agreements. The High Court has reinforced the principle that these clauses are only enforceable if they represent a “genuine pre-estimate” of the lender’s potential loss. This ensures that such clauses are not merely punitive measures intended to deter borrowers […]
Read MoreEnforcing UK Judgments in Ireland: Post-Brexit Developments
On 1 July 2025, the Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters 2019 (the "HJC") will come into effect in the United Kingdom. This development is set to alleviate some of the uncertainty surrounding the enforcement of UK judgments in Ireland, which has been a concern since […]
Read MoreAI Tools and Freedom of Information: A Legal Perspective
Recent discussions have emerged regarding the potential inclusion of generative AI tools, such as ChatGPT, within the scope of freedom of information (FOI) laws. This conversation was sparked by the revelation that a British government official used ChatGPT for ministerial work, leading to records being released under FOI legislation. AI Tools and FOI Legislation The […]
Read MoreWhy the Injuries Resolution Board Is Not in Claimants’ Best Interests — A Response to the Alliance for Insurance Reform
We recently came across a blog post from the Alliance for Insurance Reform titled “Public unaware Injuries Resolution Board is cheaper than court”, and the bias was, frankly, astonishing. It reads like a promotional piece for insurers dressed up as public interest commentary. The idea being sold is that the Injuries Resolution Board (IRB) — […]
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