Category: Litigation
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Expert witness and extrinsic evidence-publicans v FBD case clarifies important legal issues
Apart from the substantive issue in the publicans’ case against FBD in the case involving the Leopardstown Inn, Sinnotts, Lemon and Duke, Sean’s bar, there are some other valuable lessons to be gleaned from the High Court consideration of the case. Contract law rule concerning extrinsic evidence There is a contract law rule concerning extrinsic […]
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Costs follow the event is the usual rule in legal proceedings-High Court awards costs to insurance company
When you bring legal proceedings the question of costs should be at the forefront of your mind. And the legal principle that ‘costs follow the event’. This could be put another way: winner takes all-that is, the loser will nearly always have to discharge the winner’s legal costs. This February 2021 decision in the High […]
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Court of Appeal Dismisses Challenge of Gemma O’Doherty and John Waters to Covid 19 Laws-9 Takeaways
The Court of Appeal decision, delivered on 2nd March 2021, in the Gemma O’Doherty & John Waters challenge to the State dismissed their appeal against the High Court decision of May 2020 and stated that their case was without merit. The High Court case involved an application by way of Judicial Review procedure for an […]
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When good settlement agreements go bad-what then?
What happens when you settle a dispute or legal proceedings by way of a settlement agreement but the other party does not adhere to the terms? Can you sue them pursuant to the agreement? Or can you go back to court to try to have the terms enforced? Do you have to institute new legal […]
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Why the High Court refused Gemma O’Doherty and John Waters application for judicial review of Covid-19 measures introduced by the State
The High Court, in May 2020, refused the application of Gemma O’Doherty and John Waters to challenge the constitutionality of measures taken by Ireland to contain the spread of the coronavirus in Ireland. Why did they fail at the first hurdle? What did they need to show? Was there bias? Let’s take a look and […]