Agreement to have dispute resolved by expert determination disapplied contractual arbitration provisions

Article

In K & J Townmore Construction ltd. v. Kildare and Wicklow Education and Training Board [2019] IEHC 666 the High Court refused to refer a dispute to arbitration on the basis that an agreement between the parties to have the disputes resolved by way of expert determination had the effect of disapplying not only the conciliation provisions of the original contract but also the arbitration provisions

Read more

Supreme Court holds that debt must be particularised in summary proceedings

Article

In Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84, the Supreme Court has indicated that, if a lender wishes to use the High Court summary summons procedure for debt recovery, each of the component elements of an overall debt being claimed (i.e. principal, applicable interest rates, bank charges etc.) need to be specifically explained.

Read more

Knowledge Annual Report 2019

Article

The report provides an overview of key developments in various areas of law as well as featuring significant legal changes anticipated for 2020.

Read more

New Regulations permitting Central Bank to restrict individuals’ data protection rights

Article

The Minister of Finance has passed new Regulations, the Data Protection Act 2018 (section 60(6)) (Central Bank of Ireland) Regulations 2019, permitting data subjects’ rights under Articles 12-22 and Article 34, and controllers’ obligations under Article 5 GDPR, to be restricted to the extent necessary and proportionate to allow the Central Bank of Ireland (CBI) to carry out certain functions.

Read more

New Money Laundering and Terrorist Financing Regulations

Article

The European Union (Money Laundering and Terrorist Financing) Regulations 2019 (the Regulations) were published on 25 November. The Regulations amend the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (CJA). They are effective from 18 November 2019.

Read more