Category: Litigation

  • ‘Building a Case’-It’s Time to Put the Shovel Down

    From time to time I am approached by a potential client who wants to ‘build a case’ against their former employer. Or against a competitor, or neighbour, or business rival. Or against some guy or girl who caused offence at one time or other, just to ‘teach them a lesson’. I quickly let the person…

  • Without Prejudice Communication in Legal Proceedings-What You Should Know

      Have you received a letter marked “without prejudice”? Or been made an offer on a “without prejudice basis”? For example, a settlement agreement when you are leaving your job will be marked “without prejudice”, until it is signed by both parties and becomes binding on both parties. What does this mean, though? Let’s take…

  • The Zen of the Mediation Act, 2017

    The Mediation Act, 2017 came into law in Ireland on 1st January, 2018. The purpose of this legislation is to allow parties to a dispute to avoid the costs of litigation and to reduce the number of disputes coming before the Courts. Mediation is a collaborative process which aims to encourage the parties to a…

  • The High Court Affidavit of Verification In Personal Injury and Defamation Actions

    An affidavit of verification is required in the High Court to verify assertions or facts alleged in personal injury actions and defamation proceedings. It is to verify a pleading or replies to a request for further information and is required pursuant to section 14 of the Civil Liability and Courts Act, 2004 in personal injury…

  • Replies to Particulars in Civil Litigation-What You Ought to Know

      Litigation is the process you engage in when you are involved in civil legal proceedings, for example a personal injury claim or a commercial dispute. An important part of litigation is the serving of a Notice for Particulars, and the consequent Replies to Notice for Particulars. Notice for Particulars The Notice for Particulars is…