Ireland - Dispute Resolution

What is a lis pendens? A lis pendens is a charge entered on land that is in dispute, intended to alert prospective buyers to litigation. Section 121 (2) (a) of the Land and Conveyancing Law Reform Act 2009 (Ireland) (LCLRA 2009 (IRL)) states that a lis pendens may only be filed to note the fact of proceedings about an interest in land; however, in practice, no review of the claim takes place at the point of registration. Consequently, a lis pendens can stay recorded as a burden on title for years without any court assessing the basis or merit of the case. This mechanism can, in effect, restrain sales by receivers or others and is frequently used to obstruct or postpone disposals. Proposed reform The General Scheme of the Civil Reform Bill 2025 (Ireland) (the General Scheme) appeared on 6 January 2026 and outlines broad civil reform for the...

Speedread In this piece, we examine a recent Supreme Court judgment that clarifies how far evidence can be used where a person, under compulsion, supplies a password or digital key (such as a fingerprint or facial recognition) to a seized electronic device, and how any material then obtained from that device may feature in a later prosecution... The Supreme Court upheld the constitutionality of the relevant measure, namely section 49 of the Criminal Justice (Theft and Fraud Offences) Act 2001 (2001 Act), which makes it an offence to refuse to provide a password for a lawfully seized device when requested by the Gardaí under section 48... Significantly, the Court confirmed that compelled provision of a password or digital key engages the privilege against self-incrimination and cannot be relied upon in any prosecution to prove that the individual owned, controlled or operated the...

Disputes & Investigations—Irish High Court refuses to grant injunction allowing a commercial tenant a ‘free ride’ in Dublin properties In Perfect Stripe Limited t/a Grafter v Fennell & others [2025] IEHC 585, the Commercial Court (Mr Justice Twomey) declined an interim injunction sought by a tenant aiming to retake three Dublin office premises from receivers who had assumed control after more than €3m in rent went unpaid. Key takeaways Another clear signal from the Irish High Court of the premium placed on certainty in leases, ensuring the documents reflect precisely what the parties mean. Non‑payment of reserved rent as and when due poses a substantial obstacle for a tenant seeking to curb the actions of a lawfully appointed receiver over the asset. At the injunction stage, the court gives marked emphasis to the black‑letter terms of the contract, as it cannot determine contested evidential matters at that...

This Practice Note reviews ordinary appeals from the Circuit Court to the High Court, setting out the statutory entitlement to appeal together with the key principles and considerations. It also looks at the functions of the county registrar and the issue of appeals arising from their decisions. Finally, it considers the Circuit Court’s jurisdiction to state a case to the Court of Appeal, explains the nature of the case stated procedure, and offers a brief overview of the relevant considerations... Appealing from the Circuit Court to the High Court Statutory right to appeal to the High Court An appeal from the Circuit Court reaches the High Court only where legislation permits; there is no inherent appellate jurisdiction, and any right of appeal arises solely under statute. The relevant provisions are ss 34–38 of the Court of Justice Act 1936 (Ireland) (CJA 1936 (IRL)), as amended. The CJA 1936...

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......

This resource kit This resource kit brings together the principal practical guidance available across Lexis+® UK on artificial intelligence (AI). Organised by practice area, it is refreshed as new material appears. The rapid growth of AI technologies has led lawmakers, businesses and the public to focus more closely on the potential advantages and the risks that accompany AI use. AI gives rise to a range of legal and regulatory considerations across numerous disciplines, including: intellectual property (IP) data protection and cybersecurity transactional work such as corporate and commercial employment healthcare and life sciences finance The UK government is developing an AI regulatory strategy that will determine how AI is governed here in future. In the EU, a legislative framework is being built to regulate AI, primarily via Regulation (EU) 2024/1689 laying down harmonised rules on artificial...

General This Precedent, with its drafting notes, is intended for use where your client is seeking payment of a straightforward contractual debt sum and interest in respect of a debt claim. A debt arises where party A (the debtor) is under a contractual obligation to pay an agreed sum of money to party B (the creditor). A familiar illustration is a simple contractual debt under a sale of goods contract, for instance where the debtor agrees to pay the creditor €50 upon delivery of goods on a particular date. Once delivery takes place in accordance with the agreement, that €50 becomes due, and that amount is a debt payable by the debtor to the creditor. Depending on the court before which the matter may proceed, you may need to refer to additional provisions and may wish to adapt this Precedent...

This COMPROMISE Agreement (Agreement) is entered into on [ insert date ] between: 1 [ Employer Name ], with its registered address at [ address ] (the Company); and 2 [ Employee Name ], of [ address ] (the Employee). WHEREAS: The Employee has worked for the Company since [ date ] under a contract of employment dated [ date ]. Provide a concise basis for the termination of employment, for example, ‘by mutual agreement’ or ‘due to redundancy’. This clause should be revised if the termination date has already passed. The parties agree that the Employee’s employment will end by [ mutual agreement OR redundancy ] on [ date ] (the Termination Date). Where any claims or proceedings have been lodged, they must be clearly described by their record number and included within the definition of ‘Claim’ or...

For an overview of Irish data protection law and its principal concepts and rules, refer to Practice Note: Ireland—Data protection basics. Data Subject Access Request (Pursuant to the General Data Protection Regulation and Data Protection Act 2018) I am lodging a data subject access request via a third party—my solicitor (details set out below). Kindly provide my solicitor with copies of my complete medical records, in both hard copy and electronic form, inclusive of all radiology. Given these files ought to be easily located by reference to my personal data outlined below, this request is reasonable and the materials should be supplied free of charge within one month. This request is made to advance a [ civil personal injury claim ] against a third party. Appointed medical experts may rely on the records to assess my injuries and symptoms and to review any pertinent prior medical...