Commercial Litigation Update October 2018

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Commercial Litigation Update October 2018

Published 16 October 2018

Supreme Court upholds decision to awards costs of proceedings against non-party

In a landmark ruling on litigation costs, the Supreme Court confirmed in Moorview Developments Limited and Others v First Active plc and Others that Irish courts enjoy a discretionary jurisdiction to impose liability for costs on individuals who are not a party to proceedings.


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The LRC seeks views on changes to defamation laws for online reporting of court proceedings

The Law Reform Commission's recently published Issues Paper, Privilege for Reports of Court Proceedings under the Defamation Act 2009, is intended to invite debate around the extent to which online reporting and social media commentary on court proceedings should continue to benefit from legal protections currently available under the Defamation Act 2009.

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Conditional Appearance – The clue is not in the name

Every practitioner is aware of the importance of entering an Appearance within the appropriate time frame, in order to ensure judgment in default of appearance is not entered against your client. What has been less clear are the circumstances in which a conditional appearance will achieve this objective.

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Are GDPR Class Actions on the Horizon? An Irish Perspective

Currently, Irish law makes no provision for "class" or collective actions.
Generally speaking, where class actions are available (for example the United States) a class action lawsuit involves a scenario whereby a group of plaintiffs are represented en masse at trial by a member of that group.

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Breach Response Planner is launched

We have recently launched our new online Breach Response Planner to enable organisations to prepare for and manage cyber and data breach incidents. As recommended by European data protection regulators, organisations that handle personal data should have a plan in place to respond to security breaches. Our Breach Response Planner helps create and manage that plan.
Any changes to the plan are made in real time, so it is always up-to-date. As it is hosted on an external server it can be accessed any time, from anywhere and on any device. This is particularly useful should access be lost to systems following a cyber incident.

To find out further information please click here.

Upcoming Events:

A practical guide to Mediation

DACB Beachcroft will host a round table discussion offering guidance to practitioners on both the Mediation Act and conduct of mediations generally, including commentary from a practising mediator.
This event will take place in November and will qualify for 1 hour CPD.

To register your interest click here.

Cyber & Data Protection Seminar

DAC Beachcroft Dublin will host a round table briefing on key issues and developments relating to Cyber & Data Protection issues.
This event will take place in January and will qualify for 1 hour CPD.

To register your interest click here.

 

Authors

Lisa Broderick

Lisa Broderick

Dublin

+353 (0) 1 231 9683

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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