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...

On 18 November, European Commissioner for Justice Michael McGrath said he had heard industry feedback and concluded the EU need not impose rules on third‑party funding. Instead, Europe would centre efforts on implementing EU legislation that brings in a pathway for consumer class actions throughout the bloc, rather than drafting further regulatory measures at present. He explained that, based on that input, the Commission would give priority to overseeing how the Representative Actions Directive is applied in consumer collective redress, speaking at the closing session of the EU’s high‑level forum on justice for growth. On 20 November 2025, Paul Kong, executive director of the International Legal Finance Association (ILFA), welcomed McGrath’s unequivocal indication that regulation of third‑party litigation finance at EU level is not envisaged. He added that this seemed to shut down any discussion about fresh rules, which, in his view, lacked any...