Commercial Litigation And Dispute Resolution Winter Newsletter

Author:Ms Sharon Daly, Brian Buggy, Michael Byrne, Gearóid Carey, Niamh Counihan, Deirdre Cummins, Nicola Dunleavy, Bryan Dunne, Tom Hayes, Carina Lawlor, Bríd Munnelly, Julie Murphy-O'Connor, Tony O'Grady, Alistair Payne and Rebecca Ryan

This issue of Matheson's Commercial Litigation and Dispute Resolution Winter Newsletter looks at the creation of Ireland's new Court of Appeal and the Oireachtas Banking Inquiry. In terms of legislative developments, we examine new legal protections for whistle-blowers and new insurance requirements for medical practitioners.

Recent cases examined include an English High Court case requiring internet service providers to block websites selling counterfeit products, as well as Irish High Court judgments related to champerty and public procurement. 

After-the-event insurance passes champerty and maintenance test 

Unlike in many other common law jurisdictions, the torts of maintenance and champerty continue to exist in Ireland.  Litigation funding is an issue that has recently come to the fore, putting the ancient laws of maintenance and champerty under the spotlight. 

Landmark judgment orders ISPs to block access to websites advertising and selling counterfeit goods 

Courts in Europe are well used to the music and film industries seeking orders blocking access to websites on the basis of copyright infringement. 

The Medical Practitioners (Amendment) Bill 2014 

Medical practitioners are set to face a new legal requirement to hold adequate professional indemnity insurance. There is already an ethical obligation to do so, but new legislation is set to put this requirement on a statutory footing. 

Court of Appeal - end of the appeal backlog? 

In recent years, the Supreme Court has had a heavy backlog of appeals from the High Court.  The system of appeals from the High Court resulted in delays of up to four years before Supreme Court appeals would be heard.  Even priority cases were delayed by as much as 12 months

Banking inquiry opens its account 

The preparations for the Oireachtas Banking Inquiry are gathering pace...

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