In the mosaic of public discourse, the scrutiny of governmental institutions is both a privilege and a necessity of an...
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Pages tagged "Process"
Arbitration Agreements in Ireland
Arbitration in Ireland boasts a nuanced framework. This blog delves into its complexities, from arbitrability to enforceability concerns, drawing from legal texts and case law, offering a comprehensive understanding for professionals, businesses, and the curious alike. Join our exploration of Irish arbitration.
Court of Appeal: Unsuccessful appellant succeeds in application to displace ‘usual rule’ as to costs
The Court of Appeal has decided that s.3 of the Environment (Miscellaneous Provisions) Act 2011 applied to proceedings brought unsuccessfully under s.160 of the Planning and Development Act 2000.
High Court: Continuing injunctive relief granted following the final determination of proceedings
The High Court has granted continuing Mareva-type relief following the disposal of a statutory appeal from a determination order.
Pay Now, Argue Later: Unravelling the Townmore Judgement’s Impact on Irish AdjudicationsJudical review and statutory adjudication
The recent “Townmore” judgement in Ireland sheds some light on the ongoing legal debate about the role of judicial reviews in statutory adjudications, emphasizing the “pay now, argue later” principle highlighted in the Construction Contracts Act 2013, and indicating that early judicial reviews could contradict the act’s intent of prompt payment, although the option for judicial review post the final decision on substantive disputes remains undetermined.
Transforming Personal Injury Resolution: PIAB’s New Framework
The Personal Injuries Assessment Board (PIAB) has undergone a substantial overhaul, introducing mandatory medical reports, identification requirements, and detailed incident descriptions to expedite personal injury claim resolution as of September 4, 2023. These changes, along with measures already in place such as deemed offers of tender and extended claim retention, aim to reduce fraudulent claims, enhance efficiency, and ultimately lower costs for insurers.
Proceedings should be brought against ‘persons unknown’ only in exceptional circumstances – Supreme Court
‘Principled and pragmatic reasons’ why procedure should remain exceptional, says judge
New PIAB Legislation: What You Need to Know Now!
Navigate the new PIAB legislation changes impacting personal injury claims with our comprehensive guide, and discover how the Irish Claims Board can provide a free assessment of your claim before formal submission.
Judges should avoid ‘parental alienation’ term, report suggests
Parental alienation is a “highly controversial” concept and the use of the term in Irish legal settings should be treated...