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Published 4 August 2020
Welcome to the August 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.
The COVID-19 pandemic has had a significant impact on the operation of the Courts in Ireland, resulting in the Courts Service having to adapt the way in which hearings are conducted. The introduction of the Civil and Criminal Law Miscellaneous Bill 2020 provides that all types of civil proceedings can now be conducted by way of remote hearing. A summary of the latest updates regarding remote hearings and the latest position regarding each Court is set out below.
A recent report released by insurance company, Hiscox, outlined that 41% of Irish businesses experienced at least one cyber attack in the six month period from September 2019 to February 2020. The report was conducted in respect of over 5,500 companies across eight countries, including France, Germany, the UK and Ireland.
In its recent decision in Ryanair DAC and Another v Van Zwol and Others  IECA 105, the Court of Appeal refused an appeal by Ryanair against the dismissal of defamation proceedings arising from the publication by the Ryanair Pilots Group of an email bulletin to pilots employed by Ryanair, which the airline contended was defamatory and insinuated that it had manipulated the market for its shares.
In its recent decision in Byrne v Hannon and An Post  IEHC 101, the High Court rejected arguments by An Post that it should be excused from having to disclose certain documentation, alleged to contain highly sensitive details of An Post’s security procedures and protocols, on grounds of public interest privilege.
On 5 June 2020, a well-known global courier service, Fastway Couriers ("Fastway"), obtained Norwich Pharmacal relief from the High Court against Twitter to provide information on the identity of the operator of a fake account.
In Havbell DAC v Harris and Another  IEHC 147, the High Court refused an application for summary judgment and found that the Plaintiff had failed to furnish sufficient details in support of its claim that the monies sought were due and owing by the Defendants.
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