The Bar of Ireland

These precedent execution clauses are for use by a limited partnership entering into a deed (rather than a simple contract). Four alternative execution clauses are given: for a deed executed by an individual general partner in the presence of a witness, for a deed executed by an authorised signatory in the presence of the individual general partner and one witness, for a deed executed by an individual general partner who acknowledges their signature in the presence of a witness who attests the signature for a deed executed by a corporate general partner using the company seal acting by a single director and the secretary.

This Precedent execution clause is for use by a partner on behalf of the partnership when entering into a simple contract (rather than a deed).

These Precedent execution clauses are for use by a partnership entering into a deed (rather than a simple contract). Two alternative execution clauses are given: one for a deed executed by each partner in the presence of a witness and the other for a deed executed by one partner authorised under power of attorney.

This Practice Note provides practical guidance regarding the execution of simple contracts and deeds by limited partnerships formed under the Limited Partnerships Act 1907 (Ireland). It considers the requirements for contracting with a limited partnership. It also considers the authority of general partners to execute simple contracts and deeds as well as the formal requirements of execution of simple contacts and deeds by a limited partnership. It looks at when a document should be executed as a deed and other practical considerations for limited partnerships entering into contracts and deeds.

This Practice Note provides an overview of the rules in relation to factual evidence in a civil action in the Irish courts. It covers relevancy and admissibility of factual evidence, gathering factual evidence, disclosing factual evidence to other parties, privilege, placing and presenting factual evidence before the court.

This Practice Note considers what is a fatal injury action, in what circumstances such an action may arise, who is eligible to bring a claim and the different types of damages which may be recoverable. It examines Part IV of the Civil Liability Act 1961 (Ireland) which governs the law in this area in relation to fatal injuries.

This Practice Note outlines the process which must be followed and the key considerations which should be contemplated when identifying the defendant(s), and any co-defendants, to a medical negligence claim. It begins by outlining the structure of the Health Service Executive (HSE) and distinguishing between public, private and semi-private entities, including the legal implications of pursuing a medical negligence claim against each. It provides an overview of essential steps taken when commencing medical negligence litigation, namely, issuing letters of claim, naming defendant parties and adding parties to proceedings. Further, this Practice Note identifies which entities and practices fall within the ambit of Ireland’s Clinical Indemnity Scheme, outlines under which circumstances a hospital or clinic can be deemed vicariously liable and illustrates what gives rise to a ‘non-delegable duty’ on the part of a medical institution.

This Practice Note provides an overview of the procedure for incidental applications which may arise during the course of civil proceedings, including adding, substituting or removing a party, third party procedure, amending pleadings and the joinder of claims.

This Practice Note provides guidance on what a default judgment is (also referred to as judgment in default, judgment in default of appearance and judgment in default of defence) and the conditions that must be satisfied before a court can enter default judgment. It considers the procedure for obtaining a default judgment. It also provides guidance on unless orders, the circumstances in which the court must set aside a default judgment and the provisions that apply when seeking to enforce a default judgment.

This Practice Note considers the different types of grounds for judicial review, focusing primarily on the following grounds of review: legitimate expectation, irrationality (including unreasonableness or disproportionality), procedural impropriety and illegality.

This Practice Note outlines the general procedure in the High Court in an application for judicial review. It considers who can make an application for judicial review, time limits for bringing a judicial review claim and the procedure for seeking leave to make an application for judicial review. It also considers how to respond to an application for judicial review, how to amend pleadings in a judicial review action and public interest interventions.

This Practice Note considers the remedies available in judicial review proceedings including certiorari, mandamus, prohibition, quo warranto and declaratory relief. It explains the discretionary nature of judicial review remedies and also considers when a court can award damages in a judicial review action.

Mediation is often an effective form of alternative dispute resolution in medical negligence matters (and some personal injury matters generally). This Checklist provides information on the format of mediations and practical guidance to help ensure the success of a mediation.

This Practice Note provides an overview of the procedure for bringing medical negligence claims in Ireland. It considers the procedure for bringing a claim for medical negligence, medical records and the role of expert evidence in medical negligence claims. It then goes on to consider the duty of care for medical professionals, the role of mediation on medical negligence claims and the steps to take in a medical negligence claim.

This Practice Note provides an overview of the law of negligent misstatement. It considers what is a claim for negligent misstatement, who can claim and types of loss. It outlines the requirements for recovering financial loss for negligent misstatement and the requirement for there to be a special relationship. It also considers some practical matters to consider when bringing a claim for negligent misstatement such as the limitation period, pre-action conduct and pleading the claim.

This Practice Note provides an overview of the types of parties who may become involved (whether as plaintiff, defendant, third parties or notice parties) in civil litigation in Ireland, and the key procedural issues and practical considerations of which their legal advisors should be aware. It deals with the following types of party: corporations, partnerships, sole traders, minors, persons who lack capacity, the estate of a deceased party, State parties, notice parties, amicus curaie and litigants in person. This Practice Note also deals with the procedure for joining a party to proceedings, removing or substituting a party.

This Practice Note provides an outline of the key elements of personal injury litigation in Ireland. It considers applications to the Injuries Resolution Board applications and personal injuries actions in the District Court, Circuit Court and High Court.

This Practice Note sets out and examines certain pre-action conduct requirements and recommendations, and is directed at parties entering into, or intending to enter into civil litigation in the Irish Superior Courts. It considers pre-action obligations in respect of mediation and Calderbank offers. It also considers pre-action conduct in personal injuries claims, defamation actions, matters to be heard by the Workplace Relations Commission, actions in respect of deceased estates, debt recovery actions, commercial disputes, landlord and tenant claims and judicial review. It looks at the procedure in relation to pre-action discovery and inspection and the principles in relation to pre-action delay. It also considers future development in relation to pre-action conduct in Irish civil litigation.

This Practice Note explains the private right of action to sue for damages under Irish financial services law in respect of loss caused by breach of regulation by a regulated entity, specifically s 44 of the Central Bank (Supervision and Enforcement) Act 2013 (Ireland) (CBSEA 2013 (IRL)). The private right of action should be considered in the wider context of provisions for consumer redress and compensation in financial services, including remedies directed by the Financial Services and Pensions Ombudsman in response to a complaint against a financial services firm, action by the supervisory and enforcement arms of the Central Bank of Ireland and the impact of codes of practice. Also of relevance but not dealt with in this Practice Note are claims under common law.

This Practice Note considers the steps to be taken in progressing and managing a civil claim in Ireland after the lodging of pleadings and before the fixing of a substantive hearing. It provides an overview of the most common forms of action commenced in the High Court, default of defence and trial on a point of law. It considers third party procedure, discovery, interrogatories, inspection of documents and case management.