Two reports are prepared in the aftermath of a fire: one is privileged and does not have to be disclosed to the other side in the ensuing litigation, the other is not. Why?
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Isabel Foley, Partner and Domhnall Breatnach, Associate have contributed an article to Who’s Who Legal: Product Liability Defence 2018.
New and emerging technologies – such as autonomous, self-learning and artificially intelligent products, advanced robotics and the Internet of Things – are an increasing feature across a variety of sectors, including transport, healthcare, agriculture, IT, data management and communications. Such technologies offer a range of societal and economic benefits, from prevention of human error and failure, and improved safety, to increased productivity and economic growth. Although the existing EU and Irish product liability rules, which have been in place for many decades, have proven themselves reasonably flexible in adapting to the legal challenges faced by technological advancements in the pre- and early-digital age, new and emerging technologies present novel and more complex legal challenges. These new and emerging technologies raise a series of fundamental questions. Who is, and who should be, liable when they cause harm? Can the existing product liability rules be suitably adapted to accommodate these technologies and, if so, how?
Reproduced with permission from Who’s Who Legal. This article was first published in WWL: Product Liability Defence 2018 here.
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In a landmark ruling, the Supreme Court has confirmed that a person who funds litigation, but is not a party to the proceedings, may be liable for some or all of the costs of the proceedings where they are the main controller of, and driving force behind, the litigation and stand to benefit if the party they are funding is successful (Moorview Developments Ltd & Ors v First Active plc). Arthur Cox acted on behalf of First Active plc, as now substituted by Ulster Bank Ireland DAC.
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Ireland’s new anti-corruption legislation is now in force. The introduction of new corruption-related offences and tough penalties in the Criminal Justice (Corruption Offences) Act 2018 is expected to have a significant impact on corporates and other organisations operating in Ireland.
The Act was commenced by ministerial order on 30 July 2018.
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This is the consolidated June and July edition of the Arthur Cox Insurance Regulatory Update, the monthly bulletin of the Arthur Cox Insurance Group focused on recent developments in insurance regulation, law and practice. In this issue, topics covered include: the enactment of the Insurance Distribution Regulations, the publication of the Central Bank’s (National Claims... Read More or Download PDF
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From 1 August 2018, the media will have access to documents opened in an Irish court, or taken to have been opened in an Irish court. This is a welcome development for the media and has been implemented to facilitate the fair and accurate reporting of court hearings. Parties should be aware that this potentially means that documents filed in proceedings which might make reference to commercially sensitive and/or confidential information may be accessed by the media even if that content has not necessarily been read out in court.
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The purpose of this publication is to identify and summarise the non-financial reporting requirements arising under the European Union (Disclosure of Non-Financial and Diversity Information by Certain Large Undertakings and Groups) Regulations 2017 from the perspective of Irish public limited companies listed on the NYSE/NASDAQ.
Read the full publication here.
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While very supportive of genuine proposals to resolve disputes outside of the court room, the courts are alive to the possibility that some parties may seek an adjournment seemingly to facilitate mediation, but really for tactical purposes. The courts scrutinise contested applications to mediate, and look to the motives and intentions of the party seeking... Read More or Download PDF
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This is the July edition of the Arthur Cox Environment & Planning Update, the monthly bulletin of the Arthur Cox Environment & Planning Group focused on recent developments in the industry sectors that we believe may be of particular interest to you, including all key domestic and European news.
We hope you find this Update useful. If you would like to discuss any particular topic covered, please feel free to contact a member of our group.
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The purpose of the Immigrant Investor Programme (“IIP”) is to enable non-EEA nationals and their families who commit to an approved investment in Ireland to acquire permanent residency in Ireland.
Read the full briefing here.
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On 21 June 2018, Baker J. analysed the nature of the time limits applicable to the judicial review of public contracts in Newbridge Tyre & Battery Company Ltd. v. Garda Commissioner [2017] 964 JR. This is an important case which provides fresh analysis on the critical issue of time limits for public procurement challenges. Read... Read More or Download PDF
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The IIP enables non-EEA nationals who commit to an approved investment or endowment in Ireland, to take up residency in the State with their families. Further detail on the scheme can be found here. The Irish Government Economic & Evaluation Service’s (“IGEES”) has now published an overwhelmingly positive review of the IIP. Read the full... Read More or Download PDF
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The Irish Prospectus Regulations have been amended to reflect provisions of PD3 that became directly effective in Ireland on 21 July 2017 and on 21 July 2018.
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It is not uncommon for interpersonal conflicts to disrupt the boardroom and cause damage to an otherwise successful business. The potential for conflict is heightened in closely-held companies featuring small groups of shareholders connected through bonds of family or friendship, where adequate protection for minorities in shareholder agreements is often absent. Read the full briefing in our Oppression series here.
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The spotlight on the gig economy continues to shine. In the latest of a series of high profile employment status cases, the UK Supreme Court ruled that one of 125 plumbers engaged by Pimlico Plumbers was a ‘worker’ for the purposes of the relevant UK employment legislation and not an independent contractor as had been claimed by the company. This and similar cases have the potential to have a significant financial impact on companies and the wider economy.
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This is the Summer 2018 update from our Pensions Group. This includes updates on the following topics:
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Publication of the General Scheme of the Gender Pay Gap Information Bill 2018
A recent Private Members’ Bill, the Irish Human Rights and Equality Commission (Gender Pay Gap) Information Bill 2017, sought to introduce gender pay gap reporting in Ireland. This Bill proposed to require employers over a certain size to publish information relating to employee pay, for the purpose of showing whether there are differences in the pay of male and female workers and, if so, the nature and scale of such differences.
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IP rights-holders in the UK will now generally have to pay the cost of implementing online blocking orders to protect their IP rights following a recent UK Supreme Court decision, removing that burden from ISPs. In Ireland, the cost of implementing online blocking orders generally remains on ISPs. The decision of the UK’s highest court... Read More or Download PDF
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The Supreme Court has again urged the legislature to consider whether the outright prohibition on professional litigation funding and the assignment of bare causes of action continues to be warranted as the ever-increasing cost of litigation is putting access to the courts beyond the reach of many.
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Can I bring my client to the All-Ireland Football Final to thank her for her business? Can I offer my supplier tickets to take her children to the pantomime? Can I ‘wine and dine’ someone I am trying to win business from? The recent enactment of the Criminal Justice (Corruption Offences) Act 2018 has raised... Read More or Download PDF
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