Commercial Litigation Update - August 2020

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Commercial Litigation Update - August 2020

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.

 

Latest from the Irish Courts

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.

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Cyber attacks are on the rise as security risks inherent in working from home are being exploited

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.

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Court of Appeal upholds High Court decision to dismiss Ryanair defamation action

In its recent decision in Ryanair DAC and Another v Van Zwol and Others [2020] 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.

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High Court rules that discovery documentation requested in “tiger kidnapping” case is not protected by public interest privilege

In its recent decision in Byrne v Hannon and An Post [2020] 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.

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Norwich Pharmacal Relief and Rogue Twitter Accounts

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.

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High Court refuses summary judgment application over failure to sufficiently plead particulars of debt claimed

In Havbell DAC v Harris and Another [2020] 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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Key Contacts

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

David Freeman

David Freeman

Dublin

+353 1588 2558

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