Commercial Litigation Update December 2017

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Commercial Litigation Update December 2017

Published 22 December 2017

Welcome to the December issue of 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 practitioners.

Clarification of Limitation Periods in Property Damage Claims

In the recent decision in Brandley and WJB Developments v Deane and Ors, the Supreme Court ruled that in property damage cases, for the purposes of the Statute of Limitations, the cause of action accrues on the date on which the defect in question commences causing loss, rather than the date on which the defective work was completed.

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Commercial Court rejects legal challenge to proposed Apple data centre in Galway

Fitzpatrick and Daly v An Bord Pleanala [2017] IEHC 585

In October 2017, the Commercial Court dismissed a judicial review application which sought to quash An Bord Pleanala's decision to grant the Apple technology company planning permission for the construction of a data storage centre together with an electricity substation and associated infrastructure on a site near Athenry, County Galway.

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Confirmation from the Court of Appeal that a receiver may be appointed over debtor's legal interest in property to satisfy outstanding judgment

In ACC Loan Management Limited -v- Rickard [2017] IECA 245, the Court of Appeal ruled on two important aspects of the High Court's jurisdiction to appoint a receiver by way of equitable execution over the property of a judgment debtor. In a decision which will assist lending institutions and other creditors in assessing their enforcement options to satisfy outstanding judgments, the Court has eliminated some of the confusion which had existed in Irish law in respect of the circumstances in which a receiver may be appointed by way of equitable execution and has confirmed that:

  • The High Court may appoint a receiver by way of equitable execution in respect of both legal and equitable interests in property;
  • A receiver may be appointed over future debts and receipts owing to a judgment debtor where those receipts emanate from a clearly defined asset.

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Data breach floodgates?

A recent landmark UK High Court decision found the supermarket chain Morrisons vicariously liable for the actions of a disgruntled employee who published the payroll information of nearly 100,000 employees on the internet in 2014. This decision, coupled with the fact the General Data Protection Regulation ("GDPR") will provide a right to compensation for non-material damage, has prompted organisations everywhere to consider what they need to do to mitigate against the risk of such claims.

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Authors

Lisa Broderick

Lisa Broderick

Dublin

+353 (0) 1 231 9683

Brian Ormond

Brian Ormond

Dublin

+353 (0) 12319691

Rowena McCormack

Rowena McCormack

Dublin

+353 (0)1 231 9628

Julie-Anne Binchy

Julie-Anne Binchy

Dublin

+353 (0) 123 19636

Charlotte Burke

Charlotte Burke

Dublin

+353 (0)1 2319679

Simon Halpin

Simon Halpin

Dublin

+353 (0) 123 19639

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