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Commercial Litigation and Dispute Resolution Summer Newsletter
AUTHOR(S): Sharon Daly, Brian Buggy, Michael Byrne, Gearóid Carey, Brendan Colgan, Niamh Counihan, Deirdre Cummins, Nicola Dunleavy, Bryan Dunne, Michael Finn, Tom Hayes, Carina Lawlor, April McClements, Bríd Munnelly, Julie Murphy-O’Connor, Tony O’Grady, Rebecca Ryan
PRACTICE AREA GROUP: Commercial Litigation and Dispute Resolution
Welcome to Matheson’s Commercial Litigation and Dispute Resolution Summer Newsletter
This issue looks at a recent Court of Appeal decision which considered after-the-event insurance for the first time, overturning an earlier High Court Ruling. It also looks at the recent developments in the Oireachtas Banking Inquiry and the key provisions of the new Workplace Relations Act, signed into law on 20 May 2015.
Other recent cases examined include a CJEU ruling regarding online copyright infringement, a High Court award of francovich damages against Ireland for breaching EU law, an overturned debt settlement arrangement and a High Court decision regarding third party claims.
In the most recent instalment in the case of Greenclean Waste Management Ltd v Leahy, the Court of Appeal, considering ATE insurance for the first time, overturned a High Court ruling that the insolvent plaintiff’s after-the-event insurance could effectively substitute security for costs in this instance.
In July 2014, the Department of Jobs, Enterprise and Innovation published the Workplace Relations Bill 2014. The Workplace Relations Act 2014 was signed into law by the President on 20 May 2015, with a commencement date of 1 July looking likely at this stage.
By way of update on the Banking Inquiry, the “Context Phase” of the Inquiry is complete, and the Inquiry is currently in its “Nexus Phase”. The Context Phase established the broad context of the Inquiry and set out the background to the banking crisis by way of technical briefings.
The General Court of the European Union (CJEU) has confirmed that a person can sue for copyright infringement in the courts of their own Member State if the allegedly infringing material is accessible online in that Member State
In December 2014, the Irish High Court awarded damages of over €100,000 against Ireland and the Attorney General to an individual due to Ireland’s breach of European Law.
The appropriate test for determining whether to dismiss and / or strike out a third party claim was examined recently by the High Court in IBRC and INBS v John S. Purcell, David Brophy, Terence Cooney, Cornelius P. Power and Michael P. Walsh and Central Bank of Ireland and KPMG  No. 3279P.
The Law Reform Commission recently sought submissions on their Consultation Paper on Expert Evidence. A number of topics relating to expert witnesses were considered by the LRC, an important one being whether immunity from suit, which is currently afforded to expert witnesses in this jurisdiction, should be retained.
A bank has recently successfully challenged the coming into effect of a debt settlement arrangement on grounds that inaccuracies existed in the debtor’s statement of affairs such that its approval would cause material detriment and prejudice to his creditors.