Latest News

Stay of subsequent action pending payment of costs

Order 26, rule 4 of the Rules of the Superior Courts provides that the High Court may stay proceedings if they are subsequent to previous proceedings for the same or substantially the same cause of action and the costs due by the Plaintiff in the previous proceedings have not been paid.

In a recent application Judge Barrett provided a written Judgment as the most recent case law available was a House of Lords decision on an appeal from the then Irish Court of Appeal in 1889 (M’Cabe (Pauper) v Bank of Ireland (1889) 14 App. Cas. 413).

18 May 2017

Update on the Vacant Sites Register

A general update on the Vacant Sites register.  Likely of interest to Developer clients, Agents.

 

18 May 2017

High Court remits examinership cases to Circuit Court

In 2013 the Companies (Miscellaneous Provisions) Act was enacted and provided for small companies to apply for examinership in the Circuit Court as well as the High Court. The intention of this Act was to reduce the cost of seeking examinership protection, albeit that the work required to be done by the parties involved remained exactly the same as in the High Court. In the following year, only 6 companies availed of examinership through the Circuit Court and the level of Circuit Court examinerships has remained low. 

16 May 2017

What Terms? / Which Contract?

In two Supreme Court judgments both delivered on 2 December 2014, Noreside Construction Limited -v- Irish Asphalt Limited [2014] IESC 68 and James Elliott Construction Limited -v- Irish Asphalt Limited [2014] IESC 74, the Court rejected Irish Ashphalt Limited’s claims, made in a bid to limit its liability for defective goods supplied, that the terms and conditions on its delivery dockets were incorporated into its contracts for supply. 

06 Mar 2017

Central Bank of Ireland Policy Statement on CRD IV Variable Remuneration Rules

A policy statement issued by the Central Bank of Ireland on 31 January 2017 means that some small investment firms and credit institutions supervised directly by the CBI may no longer need to pay a proportion of variable remuneration in instruments or defer the payment of variable remuneration as required under Directive 2013/36.

21 Feb 2017

Central Bank of Ireland Publishes Report on Themed Inspection of Compliance with Fitness & Probity Regime for Credit Unions

The Central Bank has published a report on the outcome of its inspection of the implementation of the Fitness & Probity Regime by credit unions. 

21 Feb 2017