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This Practice Note outlines the law concerning criminal recklessness. The subjective test for recklessness Certain statutory and common law offences allow the prosecution to prove mens rea through ‘recklessness’. Put simply, recklessness is where the accused takes an unjustified risk that results in unlawful harm or damage. The House of Lords in R v G reaffirmed the subjective approach to recklessness. Before R v G, two distinct tests were used, depending on the offence charged: Subjective recklessness from R v Cunningham: the prosecution had to establish that the accused personally foresaw the risk. Objective recklessness from R v Caldwell: the prosecution only needed to show that the risk would have been obvious to a reasonable person, without proving the accused themselves foresaw it. In R v G, the House of Lords concluded that the objective test could operate unfairly where a defendant did not foresee the
This Practice Note examines the remedy of rescission, explaining when and in what manner a contract can be unwound (at common law, in equity and under statute) and thereby terminated and brought to an end. It covers the consequences and effects of rescission, the principal grounds for setting aside an agreement (misrepresentation, mistake, undue influence, duress, non‑disclosure, fiduciary misdealing and bribery) and the main obstacles to claiming rescission—affirmation, the intervention of third‑party rights and the impossibility of restitution. For further guidance on rescission in the context of misrepresentation, see Practice Note: Misrepresentation—rescission as a remedy. There are many ways in which a contract may reach its end; see: Terminating contracts—how and when a contract ends—overview for a brief and accessible summary, with links to the related further practical guidance, including Practice Note: Termination and expiry of contracts. For a table
What is a res judicata? A res judicata is a determination by a court or tribunal with jurisdiction over the cause of action and the parties, which finally disposes of the issues decided so they cannot be litigated again by those bound, save on appeal. Final judgments entered by default or by consent fall within this concept, whereas rulings on purely procedural points and any decision lacking finality do not. The doctrine’s aim is to bring litigation to an end and shield parties from being harassed by the same dispute twice. in personam—binds the parties and their privies in rem—binds all persons, privy or otherwise (ie a judgment binding the whole world) A party may rely on res judicata: as an estoppel to defeat an opponent’s claim or defence; and/or as the basis of their own claim or
The offence of causing grievous bodily harm with intent Wounding or causing grievous bodily harm (GBH) with intent can be tried solely in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must establish that the defendant unlawfully and maliciously: wounded with the intention of causing GBH, or caused GBH with that intention, or wounded intending to resist or prevent the lawful arrest or detention of any person, or caused GBH intending to resist or prevent the lawful arrest or detention of any person ‘Unlawfully’ and ‘maliciously’ Unlawfully The wounding or causing of GBH must be unlawful. Such conduct may be lawful if used: in self-defence in defence of another in defence of property for the prevention of crime where the victim gave express or implied consent For further information on these defences, see below:
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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...
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...
Practice Note: horizon scanner tracking key future developments in dispute resolution law in Ireland for 2026 This note surveys forthcoming developments in Irish dispute resolution for 2026, highlighting key dates for your diary (including projected dates where the exact timing is not yet known) and brief commentary on: legislation (bills in progress), consultations, and other significant developments. It does not include past changes, such as legislation fully in force or final judgments. It also excludes developments outside Ireland. For updates on the UK and the EU, see Dispute Resolution horizon scanning—overview and Key DR cases and trackers—overview respectively. Please suggest topics for inclusion via...
This Practice Note distils the key recent legal shifts anticipated to affect Irish dispute resolution lawyers in 2026 and thereafter. You are welcome to propose topics for our horizon scanner at: irelandcurrentawareness@lexisnexis.com. To monitor forthcoming legal and regulatory changes for Irish dispute resolution lawyers, see Practice Note: Ireland— Civil litigation horizon scanner 2026. For earlier tracking of Irish dispute resolution developments, see Practice Notes: Ireland— Civil litigation horizon scanner 2025 [ Archived] and Ireland— Civil litigation horizon scanner 2024 [ Archived]... Legislation This section outlines recent legislative amendments relevant to dispute resolution practitioners that are partly or fully in force. Act/ SI title: SI No 159/2026 Rules of the Superior Courts ( Commercial) 2026 ( Ireland) ( SI 158/2026 ( IRL)) When? 17 April 2026 What’s the...
Ireland— Determining jurisdiction in civil litigation—checklist For a checklist explaining how to assess whether an Irish court can take jurisdiction over particular civil disputes, see Ireland— Determining jurisdiction in civil litigation—checklist. This Practice Note outlines the rules that govern when the Irish civil courts may hear claims with an international dimension. It includes guidance on international jurisdiction under Brussels I (recast), the Lugano Convention and the Hague Convention. It also addresses the position where proceedings are commenced in more than one jurisdiction. Finally, the Practice Note offers practical pointers when evaluating jurisdictional issues in Ireland. For guidance on: which specific court a claim should be brought in, see Practice Note: Ireland— Starting a civil action other matters to weigh up before issuing a civil claim in an Irish court and how to commence and advance a civil claim in Ireland, see Practice Notes: Ireland— Starting a civil action and...
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...
This Practice Note This Practice Note examines how Directive 2008/52/ EC, the Mediation Directive, has been carried out in EU Member States. All Member States have now given effect to the Directive, except Denmark, which chose to opt out. The details of national transposition cited here are drawn from the EUR- Lex website. The Mediation Directive required Member States to pass domestic laws to comply by 21 May 2011, and to notify the Commission of those texts ( Article 12). For broader information on Directive 2008/52/ EC, see Practice Note: Mediation Directive... Mediation Directive implementation- EU Member States Austria Status: implemented Austria already had a comprehensive mediation framework. A Mediation Act took effect on 1 May 2011 and applies to any mediation proceedings commencing after 20 April 2011... ...
This Practice Note examines how the UK’s departure from the EU affects the operation of Regulation ( EU) 1215/2012, Brussels I (recast), for recognising and enforcing judgments. It also reviews the relevant provisions of the UK– EU Withdrawal Agreement. Relevant domestic legislation is covered as well, including any transitional rules, together with the stance of the EU Commission. Where appropriate, consequences for Regulation ( EC) 44/2001, Brussels I, are identified. Practitioners should note that other enforcement frameworks are likewise influenced by the UK’s exit. For further guidance, see Practice Note: Brexit post implementation period-considerations for dispute resolution practitioners- Recognition and enforcement of judgments [ Archived]. Definitions This Practice Note uses several definitions: Civil Procedure Rules- CPR EU Commission notice to stakeholders dated 27 August 2020, titled: ‘ Withdrawal of the United Kingdom and EU rules in the field of Civil Justice and Private...
This Practice Note outlines and introduces the principal forms of alternative dispute resolution used in Ireland—direct negotiation, mediation, adjudication, arbitration and conciliation—setting out their key characteristics and the main governing statutes: the Mediation Act 2017 ( Ireland) ( MA 2017 ( IRL)), the Construction Contracts Act 2013 ( Ireland) ( CCA 2013 ( IRL)) and the Arbitration Act 2010 ( Ireland) ( AA 2010 ( IRL)). Forms of alternative dispute resolution ADR offers a voluntary route in place of litigation for resolving civil disputes. In Ireland, the leading methods—arbitration, mediation, direct negotiation and construction adjudication—will be familiar to practitioners across other common law jurisdictions. Conciliation, by contrast, although widely used domestically for both employment and construction disputes, will often be unfamiliar to those practising elsewhere. There is also limited uptake of other tools on the ADR spectrum, such as expert...
This Practice Note addresses general damages in relation to personal injuries and will consider: What are general damages Personal Injuries Resolution Board ( PIRB) Level of damages in each court Book of Quantum ( BOQ) Personal Injuries Guidelines ( PIG) Assessing damages for multiple injuries How payments of damages awards are made Reduction in awards of general damages What are general damages General damages are compensation awarded to a person for the pain and suffering experienced as a result of a personal injury. They cover harm endured to date and what is anticipated in the future, and include both physical harm and psychiatric injury. They are distinct from special damages, which reimburse out-of-pocket losses (such as medical or travel expenses) and loss of earnings arising from the injury. When valuing general damages, there should be an...
This Practice Note sets out the law governing legal costs in civil proceedings in Ireland. It addresses the Legal Services Regulation Act 2015 ( Ireland), s 150 ( LSRA 2015 ( IRL)) and what a section 150 notice must contain. The legal framework for legal costs The requirement for a bill of costs The categories of legal costs The general rule on costs Recoverable costs and their adjudication Costs on interim applications Lodgements and tenders relating to costs Steps taken to minimise costs It also notes recent developments and reform in this area. For an analysis of the Irish position on third party litigation funding, see Practice Note: Ireland— Third-party litigation funding. Legal costs/legal fees Legal costs are the expenses incurred between parties in connection with legal proceedings. They apply to both contentious and non-contentious work and include sums paid to legal professionals, witnesses and third parties. The Practice Note focuses on...
This Practice Note on professional negligence claims offers practical direction and pointers for pursuing such actions. It addresses the first steps, from pinpointing the relevant duty and any alleged breach, to the loss suffered and the relief sought, taking in causation, quantum and the duty to mitigate. It also looks at limitation periods, settlement, ADR and enforcement, the involvement of insurers, commencing proceedings, disclosure and evidence, and cross-border issues. In Ireland, the principal bases for professional liability are breach of contract, negligence and breach of fiduciary duty. Scope of this Practice Note This Practice Note sets out pragmatic guidance and tips for advancing a professional negligence claim. It spans immediate considerations: identifying the duty (contractual, tortious, fiduciary, or a mix), the purported breach, the loss and remedy pursued, causation, quantum and the obligation to mitigate; limitation; issuing and pleading the claim; evidential matters,...
This Practice Note is a companion to Practice Note: Ireland- Trade secrets and confidential information, which explains when duties of confidence arise and how they are usually managed in commercial contracts. Organisations frequently decline to share details on the grounds that doing so would infringe confidentiality obligations. This Practice Note considers methods for safeguarding confidential material and ways to address such objections. Protection when creating information Clear contractual drafting Confidentiality provisions should be drafted with precision. For instance, many clauses allow disclosure where required by ‘applicable law’. If the intention is to confine permitted disclosures to those mandated by Irish law, that limitation should be stated expressly. Beyond confidentiality provisions, other terms can also limit use and disclosure of confidential matter, notably: data protection clauses (often curbing the processing of personal data, ie information relating to identifiable individuals); and intellectual property clauses (which may limit how...
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...
General rule Where someone seeks compensation for personal injury arising from negligence, nuisance, or a breach of duty, they have two years from either the date the cause of action arose or the injured person’s date of knowledge, whichever occurs later (section (3)(1) of the Statute of Limitations ( Amendment) Act 1991 ( Ireland) ( SLAA 1991 ( IRL)) Date of knowledge In some personal injury claims, harm may have been sustained without the individual realising it, so they would not initially consider bringing proceedings. The two-year limit measured from the ‘date of knowledge’ therefore allows a plaintiff two years from the point they know they have been injured to commence a claim. Under SLAA 1991 ( IRL), s 2(1), the ‘date of knowledge’ is the date on which the person first knew: that the person said to have been injured had in fact...
In England and Wales, the Third Parties ( Rights Against Insurers) Act 2010 ( UK) ( TP( RAI) A 2010 ( UK)) facilitates the enforcement of claims against an insolvent policyholder’s insurer. A plaintiff or claimant who holds a cause of action against an insolvent, albeit insured, defendant is protected by TP( RAI) A 2010 ( UK) through the statutory transfer of the insured’s rights under the insurance policy to the third party. For example, if a construction worker brings a claim against their insolvent employer, TP( RAI) A 2010 ( UK) allows the employee to pursue the employer’s liability insurers directly to obtain recovery. For practical guidance on TP( RAI) A 2010 ( UK), refer to Practice Notes: Third Parties ( Rights Against Insurers) Act 2010 and-by way of summary- Third Parties ( Rights against Insurers) Act 2010-one minute guide. In...
Practice Note This Practice Note sets out the practical considerations that arise when handling cross-border litigation in Ireland. It reviews questions of applicable law and jurisdiction within the boundaries of the EU’s legal regime. It also surveys the position after Brexit and the consequences this shift has had for cross-border disputes. This Practice Note is intended to clarify the real-world issues practitioners should weigh when proceedings involve international elements in or connected to Ireland. It examines choice of law and forum within the structure of EU rules, and reflects on the post- Brexit environment and its effects on cross-border disputes. Where a claim has a cross-border dimension - whether because parties are based in different states or because material events occurred in another country or countries - parties and their advisers must focus on three central questions: jurisdiction - in which country should the claim be...
Scope of this Practice Note This Practice Note sets out a high-level overview of representative actions in Ireland under the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 ( Ireland) ( RAPCICA 2023 ( IRL)), which implements Directive ( EU) 2020/1828 (the EU Representative Actions Directive) into Irish law. It summarises the function of Qualified Entities ( QEs), the remedies available, procedural steps, and central constraints—such as the ban on third-party litigation funding and the opt-in character of claims. A comparison with other jurisdictions is also included. Evolution of collective redress in Ireland Collective, or class, actions allow groups of individuals to pursue claims together, enhancing procedural efficiency and sharing the burden of litigation. While countries such as the United States have long operated comprehensive class action regimes, Ireland has traditionally lacked a comparable framework. RAPCICA 2023 ( IRL)...
Data security sits at the heart of the EU General Data Protection Regulation ( EU GDPR). The sixth data protection principle—integrity and confidentiality—requires you to adopt suitable technical and organisational measures so that personal data is processed with appropriate security, including: protection against unauthorised or unlawful processing accidental loss, destruction, or damage This Practice Note reflects Data Protection Commission ( DPC) guidance on personal data breaches under the EU GDPR, and also draws on guidance from the European Data Protection Board ( EDPB). Data security requirements Article 32 puts practical detail behind the GDPR’s integrity and confidentiality principle. You must implement appropriate technical and organisational measures to achieve a level of security proportionate to the risk, taking into account: the nature, scope, context, and purpose of processing the risk of varying likelihood and severity for the rights and freedoms of data...
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When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...
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