Litigation

Revenue Commissioners penalised for throwing the kitchen sink at High Court case

Throwing the kitchen sink at a case and putting forward every conceivable argument that crosses your mind can backfire badly when it comes to the issue of costs. The Revenue Commissioners obtained a favourable decision in the case of Byrne v Revenue Commissioners in the High Court. However, they were penalised when it came to …

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High Court Default Applications-Procedural Changes from November 2021

Certain rules of the Superior Courts-in particular the rules concerning judgment in default in the High Court-are to change from 13th November 2021. The principal changes brought about are that judgment be entered in a motion for judgment in default of defence or default of statement of claim except where justice requires an extension of …

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Generic, boilerplate pleadings in legal cases can lead to costs sanctions

The Civil Liability and Courts Act 2004 demands that pleadings in personal injury cases be specific, not general.  Decisions form the High Court and Court of Appeal recently have put the spotlight on sections 12–14 of the Civil Liability and Courts Act 2004. Section 13 of this act provides, 13.—(1) All pleadings in a personal …

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Court of Appeal costs awarded against Gemma O’Doherty and John Waters

The Court of Appeal has delivered its verdict on the question of costs in the Gemma O’Doherty & John Waters and The Minister for Health and Ireland and the Attorney General case concerning the constitutionality of measures introduced by the State to deal with the Covid 19 pandemic. O’Doherty and Waters lost their appeal to …

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