Dublin Commercial Litigation e-Zine - December 2022

Published 2 diciembre 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.

Progress on The General Scheme of Representative Actions for the Protection of the Collective Interests of Consumer Bill 2022.

The introduction of Directive (EU) 2020/1828, foresees the creation of a new tool within the sphere of consumer redress: consumer class action, or rather EU-Style representative action. The Directive is set to be transposed into Irish law by way of The General Scheme of Representative Actions for the Protection of the Collective Interests of Consumers Bill 2020 (the “General Scheme”), and integrated into practice no later than 25 June 2023. The General Scheme will give effect to the Directive by creating a new civil litigation mechanism for representation by consumers who have opted into collective redress against a trader. All disputes under the General Scheme are to be commenced in the High Court.

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Paving the path for expansion: Government approves plans for the growth of the Data Protection Commission

A new Commercial Court Practice Direction (HC113) was introduced on 14 April 2022, which supplements Practice Direction HC93 of July 2020. Practice Direction HC113 addresses the format of electronic books of papers and the manner in which they should be transmitted to the court.

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The Arm of Justice Lifts the Corporate Veil – A Warning for Passive Directors

In the exceptional case of Powers -v- Greymountain Management Ltd (in liquidation) [2022] IEHC 599 the High Court has lifted the corporate veil in finding two Irish directors and two shadow directors personally liable in a multinational fraud case. For the first time in Irish company law Twomey J found that in circumstances involving corporate fraud and the syphoning off of funds, justice demands that the protection of incorporation should not operate as a shield to protect directors from personal liability.

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The Litigator's Tale – 7 December 2022

Our annual commercial litigation webinar will explore a number of topical issues from the realm of commercial litigation including: the latest procedural updates from the High Court; striking out proceedings by reason of delay; adjudication of Legal Costs; and cyber and data protection claims.

To find out more and sign up, click here