Clark Hill

This Practice Note summarises a number of key and illustrative cases relevant to claims involving company directors. It is intended to provide an illustration of the diverse range of actions and issues which can arise in proceedings involving directors, with particular focus on decisions from recent years, and therefore not all key cases relevant to claims concerning directors will be included.

This Precedent mutual confidentiality agreement (also known as a non-disclosure agreement or NDA) assumes that there will be a mutual flow of confidential information shared between the parties. Each party is therefore given broad protection in relation to their disclosures of confidential information. It is assumed that neither of the parties to the confidentiality agreement is a listed company.

This Practice Note sets out and examines the primary court applications which will be of most relevance to practitioners looking at court remedies available under the Companies Act 2014 (Ireland). It canvasses various contexts and situations, the most relevant and common applications brought and the requirements for each in terms of statutory and evidential requirements. It also discusses typical tactics and strategies deployed both within and adjacent to those applications to improve a party’s position, be it the applicant or respondent.

This Precedent is a deed of assignment to be used when transferring the rights and benefits of a commercial contract from one of the original contracting parties (assignor) to a third party (assignee). The underlying contract is retained. This Precedent assumes that the underlying contract contains no prohibition on assignment and therefore the consent of the other party to the underlying contract is not required.

This Practice Note looks at the principal options for enforcement of foreign civil and commercial judgements in Ireland. It considers the EU framework for the enforcement of judgments under Regulation (EU) 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) (Brussels I Recast), the Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters signed at Lugano on 30 October 2007 (the Lugano Convention 2007), the Hague Convention on Choice of Court Agreements concluded on 30 June 2005 (2005 Hague Convention), and other EU procedures as well as the common law provisions relating to the enforcement of foreign judgments.

This Practice Note provides an outline of the law in relation to legal costs in civil proceedings in Ireland. It considers s 150 of the Legal Services Regulation Act 2015 (Ireland) and the requirements of a section 150 notice. It also considers the legal framework for legal costs, the requirement for a bill of costs, the categories of legal costs, the general rule in relation to costs, recoverable costs and adjudication of costs, costs on interim applications, lodgements and tenders in respect of costs and the steps taken to minimise costs. Finally, it looks at some recent developments and reform in this area.

This Practice Note considers the law on maintenance and champerty and how it affects third party litigation funding in Ireland. It examines the position of the Irish courts, the exceptions to the rule and recent developments in the area of third-party litigation funding.