News & Insights
Government delay to civil justice reform speaks to a wider indifference to the court system
In May 2022, the Department of Justice outlined a plan to implement reforms to civil procedures in the courts. In June 2024, with just a year left for the current government, lawyers are still waiting for the reforms to be legislated, writes Killian Flood. In May 2022, the Department of Justice published the Implementation Plan on […]
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Court imposes 5% costs penalty for solicitor’s failure to comply with Mediation Act 2017
In a recent High Court decision, Mr Justice Kennedy imposed a 5% costs penalty on the Plaintiffs because their solicitor did not advise them to consider mediation in accordance with section 14 of the Mediation Act 2017. Statutory Obligation to Advise on Mediation Section 14 of the Mediation Act 2017 (the Act) provides that a […]
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Extending time to Appeal against a decision of a professional regulator
The Supreme Court in Ireland recently ruled on the jurisdiction of the High Court to extend time for appeals of professional regulator decisions. This has implications for other regulatory bodies.
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High Court clarifies procedural steps in data breach cases where stress/anxiety is pleaded
Beauchamps partner Thomas O’Dwyer and knowledge lawyer Sinead Grace discuss an appeal from a Circuit Court decision regarding applications to the Personal Injuries Resolution Board (PIRB). This was an appeal from a Circuit Court decision where the key issue was whether a plaintiff who pleads stress/anxiety because of a data breach should have made an […]
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High Court: Application for judicial review of decision on admissibility of screenshots to be heard in camera
The High Court has determined that a judicial review application will be heard in camera as the relatively few inquiries before the panel of respondents combined with the question over the admissibility of the particular evidence increased the risk of identification of the applicant and other parties. Delivering judgment for the High Court, Mr Justice Conleth Bradley […]
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How much is a lawyer really worth?
With recent commentary from High Court judges past and present, the issue of legal costs in Ireland has arisen once again. Killian Flood writes on the issue of legal costs from a barrister’s perspective. Two weeks ago, Mr Justice Peter Kelly returned to the judge’s bench in Court 4 to deliver a keynote speech marking […]
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High Court: Personal injury proceedings stayed until plaintiff examined by defendant’s second orthopaedic surgeon
The High Court has stayed personal injury proceedings until the plaintiff submits to examination by a further expert orthopaedic surgeon retained by the defendant despite opposition on the basis of “expert-shopping”. Delivering judgment for the High Court, Mr Justice David Holland stated that “there is no definition of, or black letter rule in terms against, […]
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Beware of Losing Privilege Over Legal Advice
The High Court has recently dealt with a case where inspection of documents containing legal advice was sought. The advice was referred to in a replying affidavit sworn on behalf of the respondent.[1] Although privileged communications are normally exempt from production, the court ultimately decided that inspection of the documentation involved should be ordered. This was […]
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The Hiring Mirror: What PIAB’s Job Postings Reveal About Public Trust
In the mosaic of public discourse, the scrutiny of governmental institutions is both a privilege and a necessity of an informed citizenry. The Personal Injuries Assessment Board (PIAB) serves a vital function within the tapestry of our social fabric, evaluating compensation claims with a promise of fairness and efficiency. Yet, as the poet W.B. Yeats […]
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Arbitration Agreements in Ireland
Arbitration in Ireland boasts a nuanced framework. This blog delves into its complexities, from arbitrability to enforceability concerns, drawing from legal texts and case law, offering a comprehensive understanding for professionals, businesses, and the curious alike. Join our exploration of Irish arbitration.
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Court of Appeal: Unsuccessful appellant succeeds in application to displace ‘usual rule’ as to costs
The Court of Appeal has decided that s.3 of the Environment (Miscellaneous Provisions) Act 2011 applied to proceedings brought unsuccessfully under s.160 of the Planning and Development Act 2000.
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High Court: Continuing injunctive relief granted following the final determination of proceedings
The High Court has granted continuing Mareva-type relief following the disposal of a statutory appeal from a determination order.
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