The Bar of Ireland
27 Experts
7 Contributions by The Bar of Ireland Experts
PRACTICE NOTES
This Practice Note outlines breach of contract and the remedies that may follow. It addresses what can constitute a breach, how the courts evaluate that question by construing the parties’ contractual obligations, the remedies available, and the deployment of clauses that cap or restrict consequent liability and/or compensation. It also looks at whether a breach of contract claim can be pursued and the method for claiming late payment interest. For a broader overview of contract law, see Practice Note: Ireland—Contract law essentials.
Breach of contract
A breach arises where one party (‘the defaulting party’) fails or declines to fulfil duties owed under the contract, in whole or in part. The other contracting party (‘the innocent party’) may then consider potential remedies for that failure. It should be remembered that a defaulting party with a lawful excuse for
Ireland - Dispute Resolution
PRACTICE NOTES
This Practice Note explores what constitutes a fatal injury action, the situations in which such a claim might arise, who may bring proceedings, and the categories of damages that could be pursued. It reviews Part IV of the Civil Liability Act 1961 (Ireland) (CLA 1961 (IRL)), the statutory framework governing the law in this area concerning fatal injuries. It also outlines when such claims arise, who may claim, and the recoverable categories of damages.
What is a fatal injury action?
When a person dies because of the negligent or wrongful conduct of another individual or individuals, a claim can be brought against the alleged wrongdoer or wrongdoers; this is termed a fatal injury action. Fatal accidents may occur in numerous ways, for instance a road traffic collision or a fatal episode at work...
Ireland - Dispute Resolution
PRACTICE NOTES
This Practice Note reviews the duty of care applicable in professional negligence actions and the suitable legal yardstick for proving liability in professional negligence proceedings in Ireland. It sets out what amounts to professional negligence and the manner in which it is proved. It also addresses the various legal foundations for such claims. It then examines the care standards expected of healthcare practitioners, solicitors and barristers, and the construction profession, within the context of potential professional negligence claims against them. Lastly, it indicates when a professional’s duty of care may extend to third parties.
What is professional negligence?
Professional negligence is a civil action against a professional who owes a contractual and/or tortious duty to the plaintiff, and who breaches that duty by behaving in a manner no other reasonable member of that profession would adopt, thereby causing loss or damage to the
Ireland - Dispute Resolution
PRACTICE NOTES
This Practice Note offers practical guidance on the execution of documents by third parties acting under a power of attorney, with emphasis on the principal provisions of the Powers of Attorney Act 1996 (Ireland) (POAA 1996 (IRL))...
What is a power of attorney?
A power of attorney is an instrument—usually a deed—signed by, or on the instructions of, the donor that gives another person (the attorney) the authority to act for the donor in line with the instrument’s terms...
The POAA 1996 (IRL), which took effect on 1 August 1996, sets out the legal requirements for establishing a valid power of attorney...
It is essential for practitioners to be conversant with the rules for appointing attorneys and for executing documents under a power of attorney...
Contracting parties may face unintended consequences where an attorney has not been validly appointed, acts outside the scope of their
Ireland - Commercial
PRECEDENTS
Drafting notes
These model execution provisions are intended for a limited partnership entering into a simple contract, rather than a deed. Two alternative forms are provided for a contract executed:
by an individual general partner, and
on behalf of a corporate general partner
Limited partnership
The Limited Partnership Act 1907 (Ireland) (LPA 1907 (IRL)) creates a partnership structure in which certain partners have limited liability for the firm’s debts, restricted to the amount of their contribution. The General Scheme of the Registration of Limited Partnerships and Business Names Bill 2024 (Limited Partnerships Bill 2024), issued by the Department of Enterprise, Trade and Employment in 2024, would, if enacted, repeal and replace the LPA 1907 (IRL). Limited partnerships registered under the LPA 1907 (IRL) will be obliged to satisfy the new registration requirements within twelve months of receiving notice from the Registrar, to be given within
Ireland - Commercial
PRECEDENTS
Execution clause-limited partnership (Ireland)-Deed (drafting notes)
These sample execution clauses are designed for use by a limited partnership when entering into a deed (rather than a simple contract). Four alternative execution forms are provided for a deed executed by the following parties:
an individual general partner signing in the presence of a witness
a person signing at an individual general partner’s direction, in the presence of a witness who attests the signature
an individual general partner who acknowledges their signature in the presence of a witness who attests the signature
a corporate general partner executing the deed
Limited partnership
The Limited Partnership Act 1907 (Ireland) (LPA 1907 (IRL)) permits the establishment and creation of a partnership where some partners’ liability for the firm’s debts is limited, capped at the amount of their contribution. The General Scheme of the
Ireland - Commercial
CHECKLISTS
This Checklist offers guidance on how to determine whether an Irish court has jurisdiction to deal with the specific civil dispute.
This Checklist explains how to assess jurisdiction for a particular civil dispute in Ireland. In doing so, it reviews the regimes under Brussels I (recast), the Lugano Convention and the Hague Convention on Choice of Court Agreements. It sets out a high-level overview to help decide whether proceedings ought properly to be brought in Ireland.
For guidance on:
the particular court in which to issue proceedings, see Practice Note: Ireland-Starting a civil action
pre-action considerations before pursuing a civil claim in an Irish court, and the steps to commence and advance a claim in Ireland, see Practice Notes: Ireland-Starting a civil action and Ireland-Pre-action conduct; and for initiating and case managing a civil claim, see
Ireland - Dispute Resolution
If you expected to see yourself on this page, click here.
