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Dublin Commercial Litigation e-Zine - July 2021

By Lisa Broderick, Rowena McCormack, Julie-Anne Binchy, Charlotte Burke & David Freeman


Published 29 July 2021


Welcome to the DAC Beachcroft Dublin Commercial Litigation update.

We have prepared guidance and commentary on recent developments together with some helpful updates which we hope will be of interest to you.

Order Granted against Google to disclose identity of online “troll” accused of defaming Portakabin company

Earlier this month, following an application by Portakabin (a modular building company) the High Court granted an Order compelling Google to disclose the details of a subscriber email account which was allegedly spreading defamatory information about the company. The account in question was allegedly sending emails containing false and damaging material about Portakabin’s products and services to the company’s customer base.

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Are the Courts moving towards a tougher stance on delay?

A recent decision of the High Court could be a sign of a move by the courts towards clamping down on the issue of delay. The decision in Diarem Limited v Clare County Council is a glimmer of hope for Defendants to litigation in which the Plaintiff has delayed in progressing proceedings and in relation to the likelihood of success of achieving a strike out of proceedings in those circumstances.

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Court Vacation

Practitioners will be aware that the Long Vacation commences on Friday 30 July 2021. The new court term will resume on 4 October 2021.

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Security for Costs – efficient use of Courts’ time and taxpayer’s money a prominent consideration

In a recent decision of the High Court in Fortberry Limited v Promontoria (Aran) Limited & Ors in relation to a security for costs application, the Court took the opportunity, in fixing the security, to consider and encourage the parties to deal with the case as efficiently and in as short a timeframe as possible.

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