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The act of accepting an offer, agreement, or contract. It may be by words or by conduct.
The process of acquiring ownership or control of something.
A legal proceeding or lawsuit.
Adverse Possession: the acquisition of a right over a property by a third party through continuous and unchallenged occupation without acknowledging the true owner for a certain period of time.
A written statement of fact, made under oath or affirmation, which allows evidence to be presented to the court.
The transfer of a case from a lower to a higher court, to review and potentially reverse or modify the lower court's decision.
The party who appeals a lower court's decision.
Unpaid or overdue debts or payments.
Artificial Intelligence (AI) broadly refers to the ability of computing technologies and software to perform tasks to simulate human cognition and learning. Learn more about our Artificial Intelligence (AI) expertise.
The use of assets as collateral for a loan or lease. The financing may involve a single asset or a number of assets. The main asset financing structures are in the form of (i) a secured lending or (ii) a lease or a combination of both.
A person or entity that receives a benefit or is entitled to receive a benefit under a legal instrument, such as a will or trust.
A refusal or failure to fulfill the terms of a contract.
The obligation to prove a fact or set of facts in a legal proceeding. Eg in a criminal case, the burden of proving the guilt of the accused rests on the prosecution; in a negligence case, the burden of proving negligence rests on the plaintiff.
An action brought by a member of a class of persons on behalf of themselves and the other members of the class to collectively sue (or be sued by) another party.
Property or assets that are provided as security for a loan or other obligation. In the event that such loan or obligation fails to be repaid/met, the chargee (the person to whom the collateral was provided) will have recourse to the collateral.
Legal proceedings brought by a group of individuals for the purpose of seeking redress for similar or related claims.
Something of value given in exchange for a promise or performance in a contract.
Actions brought by qualified entities before national courts or administrative authorities on behalf of groups of consumers to seek injunctive measures eg to stop a trader's unlawful practices.
If it is proved there is negligence or want of care on the part of the plaintiff to an action, or of one for whose acts they are responsible, then the plaintiff will not be entitled to full compensation.
The transfer of ownership or title of real property.
Monetary compensation awarded for loss suffered by a person or injury.
In fact, in reality, as opposed to in law.
A person against whom an action, information, or other civil proceeding is brought; also a person charged with a criminal offence.
The process where each party to an action discloses to each other on affidavit all documents in their posession, custody or power that are relevant to the proceedings.
The place where a person has their permanent home or residence.
The process of investigation or audit of documents which underpin a company or organisation before a business sale transaction.
A legal obligation to be open and honest about any mistakes or errors that may have occurred in a professional setting. Read our insight on Duty of Candour in Public Law Proceedings.
Environmental, Social, and Governance (ESG) is a term used to represent an organisation's corproate financial interests that focus mainly on sustainable and ethical impacts. Visit our ESG hub.
A person or entity that holds a position of trust and responsibility for the benefit of others, such as a trustee or executor. The general rule is that a person in a fiduciary position is not entitled to make a profit and he is not allowed to put himself in a position where his interest and his duty conflict.
An event or circumstance, such as war, natural disaster, or pandemics, that is beyond the control of the parties to a contract and excuses them from performing their obligations.
Leases that incorporate environmental sustainability or performance requirements and goals. Read our related content:
Protection or security against a loss or liability.
A court order that prohibits a party to an action from doing a certain thing or directs them to do a particular thing.
The state of ceasing to pay one's debts in the ordinary course of business or being unable to pay one's debts as they become due. Learn about our Insolvency and Restructuring expertise.
Between the parties to a legal proceeding or action.
A business venture or project that is undertaken by two or more parties.
A legal remedy available where an application can be made to the High Court to challenge the decision making processes of administrative bodies or lower courts, when they are alleged to have acted in excess of legal authority or contrary to their duty.
A system in which a portion of the increase in value of land is shared between the land owner and the government or local authority. Read our related content:
A legal agreement in which a landlord grants a tenant the right to occupy a property in exchange for rent.
Legal responsibility or accountability for an act or omission, or the amount owed.
The process of taking legal action or pursuing a legal dispute in court, by parties who are known as litigants. Learn about our dispute resolution expertise.
A voluntary process of dispute resolution where an independent third party assists the parties to the dispute to reach an agreement to resolve the dispute.
A process by national law where two or more companies or business entities combine into a single entity by operation of law. Learn about our Mergers & Acquisitions expertise.
The steps that a party takes to act reasonably to minimise or reduce the amount of damages that they may be liable for.
The breach of a legal duty of care by act or omission, which a reasonable person would not have done in the circumstances and where damage is caused to the party to whom the duty is owed.
A situation where an employee is dismissed from their job due to the complete or partial closing down of their place of employment, or due to a decrease in the employer's requirements for employees of their kind and qualifications. Read our related content:
A RIAIF is an alternative investment fund (AIF) authorised by the Central Bank of Ireland and which may be marketed to retail investors. An AIF is a type of collective investing where funds are raised from a number of investors with a view to investing them in accordance with a defined investment policy. Read our related content:
The Central Bank (Individual Accountability Framework) Act 2023 provides for the first Individual Accountability Framework (IAF) in Irish financial regulation. The Senior Executive Accountability Regime (SEAR) is a key pillar requiring in-scope firms to set out clearly and fully where responsibility and decision-making lie within the firm’s senior management.
Special Purpose Vehicle (SPV): a legal entity that is created for a specific purpose or transaction, such as a limited partnership, trust, or corporation. Learn about our SPV expertise.
A symbol, word, or phrase that is used to identify and distinguish a product or service from those of other manufacturers, businesses or providers. The Intellectual Property Office of Ireland provides that a trade mark may consist of “words, (including personal names), designs, logos, letters, numerals or the shape of goods or of their packaging, or of other signs or indications that are capable of others.” It can be registered and legally protected to prevent others from using it without permission.
A legal agreement that allows a person or company to use a registered trademark in exchange for payment or other consideration.
Transfer of Undertakings (Protection of Employment) Regulations, a set of employment laws that protect the rights and benefits of employees when a business or undertaking is transferred from one employer to another. Learn about our TUPE expertise.
The right to cut peat or turf for fuel from the land of another.
A situation in which an employee is dismissed from their job and, having regard for all the circumstances, without substantial grounds justifying the dismissal.
The typical basis on which a seller or tenant must deliver possession of a property to a buyer or landlord and, in general terms, means that the property is free of any occupiers, items or third party interests.
A tax that is imposed on the owners of vacant or idle land which is entered on the Vacant Sites Register under the Urban Regeneration and Housing Act 2015.
Promises or guarantees from one party to another as to the state of affairs subject to the contract or agreement. Breach of warranty will only give rise to a succesful claim in damages if the claiming party can prove breach and quantifiable loss.
The act of disclosing information about illegal or unethical conduct or practices within an organisation or government agency. Whistleblowing is known as a “protected disclosure” under relevant Irish legislation.
A phrase that is used to indicate that a written or oral communication, made by a party in a civil action, is made without prejudice to the rights or interests of the parties involved and cannot be used as evidence against the party making them.