News & Insights
Understanding 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 […]
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Can 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 […]
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Understanding 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 […]
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Enforcing 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 […]
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AI 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 […]
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Why 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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Don’t get Hoodwinked by the PIRB
Minister Peter Burke’s announcement of the expansion of the Personal Injuries Resolution Board’s (PIRB) mediation services to include motor liability personal injury claims has been presented as a positive step forward for Ireland’s personal injury claims process. Part of the government’s Action Plan for Insurance Reform, this initiative is intended to provide a quicker, less […]
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A general introduction to Construction Disputes in Ireland
Construction disputes are a common challenge in the building and infrastructure sector, reflecting the intricacies of multi-stakeholder projects and the unpredictability of the working environment. In Ireland, the resolution of these disputes is underpinned by a combination of legal, procedural, and contractual frameworks designed to manage and mitigate conflicts. This article explores the nature of […]
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Psychological Injury
Nervous Shock I The law allows recovery of damages for so called nervous shock, within certain parameters and subject to limitations. Nervous shock is the most commonly used legal label for psychiatric or psychological injury. Psychiatric injuries include depression, posttraumatic stress disorder, psychosomatic pain, anxiety and panic attacks. In this context the normal mitigation rule […]
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Public Authorities and Negligence
Powers and Duties In broad terms, public authorities are subject to civil liability for negligence and other civil wrongs, in the same way as private individuals and companies. The State and other public bodies are responsible for the actions and omissions of their employees and agents under principles of vicarious liability. In some circumstances, statute […]
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