Podcasts Created by DAC Beachcroft, this podcast examines legal topics across the full range of business sectors: from insurance, cyber risks, health regulation and NHS policy, real estate, commercial law and employment law. We publish podcasts on Mondays…
FinTech By Tim Ryan What is a Collection? A Collection is a selection of features, articles, comments and opinions on any given theme or topic. It allows you to stay up-to-date with what interests you most, by collecting everything into useful packages. A Collection…
MedTech The MedTech Collection brings you topical news relating to medical technology in Europe, bringing together clinicians, engineers and scientists as they design and manufacture novel solutions for patients.
Applications to Dismiss Proceedings in Medical Negligence Cases By Stephanie O’Connell A number of applications came before the High Court in 2022 where the relief sought was dismissal of the proceedings on the grounds of delay, and failure to disclose a reasonable cause of action amongst other things. It has traditionally been very…
The Adjudication Landscape in Ireland By Rachel Lafferty Adjudication was provided for with the introduction of the Construction Contracts Act 2013 (the “2013 Act”), and the right of a party to a construction contract to refer a ‘payment dispute’ arising on foot of that construction contract to…
Real Estate Tip of the month: A very “Modern” nuisance – A warning to developers By Joanna Grech It’s not often that a technical real estate case makes it into the mainstream news but this is what happened when the Supreme Court recently handed down its long awaited decision in the case of Fearn and Others v Board of Trustees of the Tate…
When is a Collateral Warranty a Construction Contract? By Rachel Lafferty In Abbey Healthcare (Mill Hill) Ltd v Simply Construct (UK) LLP , the English Court of Appeal helpfully provided guidance on the subject of whether a collateral warranty constitutes a construction contract. In Abbey the Court made it clear that…
Developers’ Remediation Contract - Sign on the dotted line… or else By Matthew Olorenshaw Developers have been given a stark ultimatum – sign up to a contract agreeing to carry out remedial works to unsafe buildings or face the consequences. On 30 January 2023, the Department of Levelling Up, Housing & Communities (“ DLUHC ”) sent…
The Impact of ESG Issues for Directors and Officers and Underwriters in Ireland By Daniel Woodruff Companies are coming under an ever increasing scrutiny from shareholders, regulators and Governments, employees and the public at large in relation to their response to a range of issues relating to Environmental, Social and Governance (“ESG”). In…
Dereliction of duties - Company directors held personally liable for large scale fraud By Daniel Woodruff The recent decision in Powers v. Greymountain Management Ltd [In Liquidation] [2022] IEHC 599 is significant in highlighting the consequences of directors who abrogate responsibility when running a company and who rely on others to fulfil their…
Common law duty of directors of insolvent companies to have regard to the interests of creditors By Daniel Woodruff After a lull during the pandemic, it is expected that the number of company insolvencies in Ireland will increase as financial pressures on businesses intensify following the withdrawal of temporary government supports. Recent changes to directors’…
Costs award reduced by 50% despite being successful in proceedings By Daniel Woodruff In the recent case of Word Perfect Translation Services LTD v. Minister for Public Expenditure and Reform [2022] IEHC 219 the Commercial Court has provided a useful reminder to litigants and defendants alike of the obligation to conduct litigation…
Eficacia de exclusiones en el contrato de seguro, al margen de su ubicación en el texto de la póliza By Carolina Orjuela Paez Mediante laudo arbitral proferido en el 18 de agosto de 2022, se resolvieron las diferencias surgidas entre un centro comercial y su compañía de seguros, derivadas de la PÓLIZA DE SEGUROS DE FIDELIDAD, propia de los seguros de “PROTECCIÓN CONTRA…