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Published 24 January 2018
The Mediation Act 2017 (the Act) has commenced as of the 1 January 2018, following which the Law Society of Ireland provided the following guidelines.
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.
At a recent speaking engagement, Chief Justice Frank Clarke proposed a radical overhaul to the way in which the lower courts operate in Ireland, advising that the "art of judging" could be improved by allowing judges in the district courts to specialise in different practice areas. This could be done by dividing the country into regions in which a judge of each speciality could be assigned, as opposed to the current system whereby each district judge is assigned a specific geographical region, and must deal with the wide variety of cases that arise in that district.
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