The Bar of Ireland

This Practice Note provides an overview of the law and practice relating to contracts for the sale and supply of goods. It reviews the key legislative provisions of the Sale of Goods Act 1893 (Ireland), Sale of Goods and Supply of Services Acts 1980 (Ireland) and the Consumer Rights Act 2022 (Ireland) and their application to the sale and/or supply of goods in business to business (B2B) and business to consumer (B2C) contracts.

This Practice Note considers security for costs under the Rules of the Superior Courts and the Companies Act 2014 (Ireland). It explains what an order for security for costs is, the court’s jurisdiction for making an order for security for costs and who an application for security for costs may be brought against. There is also guidance on security for costs in appeals, the practice and procedure in bringing an application for security for costs and the sufficiency and form of security.

This Precedent settlement agreement is for use in settling a claim or claims before proceedings have been issued. It provides a generic template for drafting a settlement agreement and may be adapted for execution by way of a deed.

This Practice Note considers what settlement is, when and why you should attempt to settle disputes, who should be involved in attempts to settle a dispute and the consequences for not attempting to reach settlement. It broadly outlines some methods of settling disputes such as, lodgment of money in court and tenders, Calderbank offers, settling at a mediation and settling in arbitration. It also considers how to draft a settlement agreement and when settlement agreements can be set aside.

This Practice Note considers the factors involved in settling a claim at a mediation as distinct from other times that settlement may be achieved. It considers what is mediation, who should attend a mediation and what occurs before, during and after a mediation. It also looks at the legal framework for mediation in Ireland and the key provisions of the Mediation Act 2017 (Ireland).

This Practice Note considers the standard of care in professional negligence claims and the appropriate legal test for establishing liability in professional negligence litigation in Ireland. It explains what professional negligence is and how it is established. It also considers the different legal bases for professional negligence claims. It then considers the standard of care expected of medical professionals, solicitors and barristers and the building profession in the context of professional negligence claims which may be brought against them. Finally, it outlines when a professional’s duty of care can be extended to third parties.

This Practice Note on professional negligence claims provides practical guidance and tips for bringing a professional negligence claim. It covers immediate considerations from identifying the duty (contractual, tortious or both) and the alleged breach, the loss and remedy sought, including causation, quantum and duties to mitigate. It also considers limitation of actions, settlement ADR and enforcement, the role of insurers in a professional negligence claim, starting the claim, disclosure and evidence and cross-border considerations.

This Practice Note provides an overview of the legislation and regulation impacting business to business (B2B) and business to consumer (B2C) contracts for the supply of services. It analyses the key legislation and regulations applicable and will highlight principal statutory rights and requirements. The Practice Note considers the use of standard terms and conditions versus bespoke agreements for use in documenting supply of services transactions. Sector-specific legislation and regulation is not considered.

This Practice Note examines termination for breach of contract. It considers what a breach of contract is and key considerations before terminating a contract for a breach. It considers breach due to frustration or force majeure and it explains what a repudiatory and anticipatory breach of contract is. Finally, it looks at the termination process and dispute resolution obligations.

Commercial Analysis: The Competition (Amendment) Act 2022 (Ireland), effective from 27 September 2023, incorporates the ENC+ Directive into Irish law. It grants the Competition and Consumer Protection Commission (CCPC) significant enforcement powers, including the ability to unwind mergers, impose interim measures, issue financial sanctions, and conduct surveillance.

This Practice Note discusses the background and implementation in Ireland of Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC, the EU Digital Services Act (DSA), published in the Official Journal on 27 October 2022. It includes commentary on the impact of the DSA on the Irish market, information on the national competent authority for enforcing the DSA in Ireland, Coimisiún na Meán, and a brief summary of the application of, and obligations under, the DSA.

This Practice Note provides an overview of the role of the Motor Insurers Bureau of Ireland (MIBI) in ensuring that victims of road traffic accidents are compensated when the other driver is uninsured. It considers the MIBI agreements and the role of EU law. It also considers the requirements for making a claim against MIBI and the conditions precedent to seeking compensation from MIBI.

This Practice Note provides an overview of the general application and interpretation of English case law in Ireland and examples of where similar and divergent approaches have been taken in the two jurisdictions on issues of contract law. It also considers the impact of Irish and European Union legislation and the Constitution of Ireland on the application of Irish contract law, before providing a brief overview of the civil court system.

This Practice Note discusses the common law doctrine of privity of contract, the exceptions to it, how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third party.

This Practice Note sets out the protection available for trade secrets and confidential information in a commercial and employment context in Ireland. It outlines the common law and the law under SI No 188/2018 European Union (Protection of Trade Secrets) Regulations 2018 (Ireland).

This Practice Note considers unfair terms which may arise in consumer contracts and refers to several key provisions in the Consumer Rights Act 2022 (Ireland) (CRA 2022 (IRL)) which relate to unfair terms. It examines what an unfair term is, which terms are presumed to be unfair and which terms are always considered to be unfair terms under CRA 2022 (IRL). It looks at how to determine whether a consumer contract term is transparent and how to interpret the fairness of terms in consumer contracts. It also examines the role of the court under the CRA 2022 (IRL).