Dublin Commercial Litigation e-Zine - February 2022

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Dublin Commercial Litigation e-Zine - February 2022

Published 28 February 2022

Welcome to 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 you.

The Irish Planning System: Spotlight on The Office of the Planning Regulator

Arising from recommendations made by the Mahon Tribunal (formally the Tribunal of Inquiry into Certain Planning Matters and Payments), the Office of the Planning Regulator (“OPR”) was established in April 2019. In this article, we break down what it does and its functions, as well as its powers and its future.

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Inordinate delay by Plaintiff results in dismissal of proceedings

In the recent High Court decision in Cabot Financial (Ireland) Limited v Heffernan & Ors1, the Second Named Defendant, Mr Heffernan Snr, successfully applied to the Court to have the proceedings against him dismissed for want of prosecution and inordinate delay.

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Court of Appeal upholds Order for Security of Two-Thirds of Costs

The Court of Appeal recently dismissed an appeal against a High Court order directing that the Plaintiff (an insolvent development company) pay security amounting to two thirds of the Defendant’s costs (fixed at €112,334) in professional negligence proceedings.

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Timing is everything – when is the appropriate time to bring a motion to strike out?

The recent High Court decision in Somers –v- Kennedy & Ors sheds some light on how the Courts may approach applications by Defendants to dismiss proceedings going forward. Whilst most practitioners will be well aware of the difficulties in securing a strike out Order, the judgment in the Somers case is useful in providing practitioners with an overview of the key factors a Court may take into consideration in applications of this nature.

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Listen to our latest podcast: Recent cyber developments in Ireland

In this episode of Lawcast associates Charlotte Burke and David Freeman discuss recent cyber developments in Ireland. Together they give an overview of the Ireland Data Protection Commission’s work over the last two years.

CLICK HERE TO LISTEN

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

David Freeman

David Freeman

Dublin

+353 1588 2558

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