Latest News

High Court refuses to grant judgement when lender’s calculation of interest could not be verified

In the recent High Court case of Allied Irish Banks plc v Marino Motor Works Limited, Ms. Justice Úna Ní Raifeartaigh refused Allied Irish Banks’s application for summary judgment and sent the matter forward to plenary hearing as neither the court, nor Marino Motor Works, could verify the Allied Irish Banks’s interest claim.

19 Sep 2017

Amendment to Order 122 of the Rules of the Superior Courts

Traditionally, the Rules of the Superior Courts did not permit parties to amend or deliver pleadings during the Long Vacation, being the months of August and September each year.

18 Sep 2017

PIA Appeal to be instituted by Debtor or PIP?

Section 115A of the Personal Insolvency Acts (the “Acts”) requires that any appeal under the Acts is to be brought by the debtor’s Personal Insolvency Practitioner (the “PIP”).  Most Personal Insolvency Arrangement (“PIA”) Appeals were initially commenced by the relevant PIP but in recent times some debtors have commenced such appeals in their own name.  

14 Sep 2017

Unnotified Monitoring of Employee’s Emails is a Breach of the European Convention on Human Rights

The European Court of Human Rights has held that the monitoring of an employee’s electronic communications is a violation of Article 8 of the European Convention on Human Rights. Article 8 enshrines the right to respect for private life and correspondence.

08 Sep 2017

Clarification on the role of a McKenzie Friend

In recent years the Irish Courts have experienced a significant increase in the incidence of lay litigants in civil cases. In our experience there are a number of “professional” non-lawyers assisting the lay litigants with the preparation and presentation of their cases to the Courts. In many instances these non-lawyers have sought to argue and advocate the lay litigants’ cases for them, saying that they are a “McKenzie Friend” of the lay litigant.   

31 Aug 2017

Payment on account of costs pending taxation

In recent times, the taxation of costs whereby the amount of legal costs payable was independently determined, has been hampered by significant delays.  As a result solicitors and barristers often did not get paid until long after a matter had concluded.

23 Aug 2017