Published 28 February 2022

50 predictions: Construction & Engineering

Welcome to the DAC Beachcroft Dublin Commercial Litigation update.As the Court term draws to a close we reflect on recent developments together with some helpful updates which we hope will be of interest to youThe Irish Planning System: Spotlight on The Office of the Planning RegulatorArising from recommendations made by the Mahon Tribunal (formally the Tribunal of Inquiry into Certain Planning Matters and Payments), the Office of the Planning Regulator (“OPR”) was established in April 2019. In this article, we break down what it does and its functions, as well as its powers and its future.READ MOREInordinate delay by Plaintiff results in dismissal of proceedingsIn the recent High Court decision in Cabot Financial (Ireland) Limited v Heffernan & Ors1, the Second Named Defendant, Mr Heffernan Snr, successfully applied to the Court to have the proceedings against him dismissed for want of prosecution and inordinate delay.READ MORECourt of Appeal upholds Order for Security of Two-Thirds of CostsThe Court of Appeal recently dismissed an appeal against a High Court order directing that the Plaintiff (an insolvent development company) pay security amounting to two thirds of the Defendant’s costs (fixed at €112,334) in professional negligence proceedings.READ MORE Timing is everything – when is the appropriate time to bring a motion to strike out?The recent High Court decision in Somers –v- Kennedy & Ors sheds some light on how the Courts may approach applications by Defendants to dismiss proceedings going forward. Whilst most practitioners will be well aware of the difficulties in securing a strike out Order, the judgment in the Somers case is useful in providing practitioners with an overview of the key factors a Court may take into consideration in applications of this nature.READ MOREListen to our latest podcast: Recent cyber developments in IrelandIn this episode of Lawcast associates Charlotte Burke and David Freeman discuss recent cyber developments in Ireland. Together they give an overview of the Ireland Data Protection Commission’s work over the last two years.CLICK HERE TO LISTEN