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 … Read more
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 … Read more
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 … Read more
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 … Read more
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 … Read more