Dispute Resolution: Top Insights

As the year draws to a close, we look at some of our most-read Dispute Resolution insights and highlight the issues keeping clients busy right now.
Personal Relationships and Judicial Bias: New Guidance
The Supreme Court has recently dealt with a case in which an allegation of judicial bias was raised. The claim was based on the relationship of the judge to a solicitor in a firm instructed by one of the parties. The Supreme Court ultimately clarified the law in the area and set out the applicable principles as a matter of Irish law in a lengthy ruling. Our Dispute Resolution team examines the decision.
Loss of Legal Privilege
A recent decision of the High Court of England and Wales highlights the importance of having appropriate processes in place when making large-scale discovery. Our Dispute Resolution team examines the nuances encountered in that case and explores how its outcome provides some helpful guidance in how to maintain privilege over documents that have been discovered in error.
Costs Rule for Norwich Pharmacal Orders Confirmed
The Court of Appeal has confirmed that in Norwich Pharmacal applications, the plaintiff must usually cover the defendant’s costs of providing information to identify wrongdoers. In this case, Twitter was entitled to its costs, despite challenging the order’s wording. Our Dispute Resolution team explores how the ruling highlights that Norwich Pharmacal applications remain costly, though proposed reforms may make them more affordable.
UK Courts and Crypto: Recent Legal Developments
As digital assets and cryptocurrencies become more embedded in commercial activity, UK courts are shaping how they're treated under the law. Our Dispute Resolution team explores key rulings recognising crypto as property and the evolving questions around fiduciary duties. A must-read for anyone tracking legal developments in crypto or anticipating how Irish courts may respond.
Turbulence in the Clouds
The Irish litigation between aviation lessors and their international insurers formed part of a global network of recovery cases arising out of Russia’s invasion of Ukraine in February 2022. Now that the Irish cases have mostly settled, in the first of a series of insights, we set out some key issues in the litigation and highlight why the litigation merits close examination by Irish insurance lawyers, industry participants and potential insurance claimants.
For more information and expert advice, contact a member of our Dispute Resolution team.
This content is provided for information purposes only and does not constitute legal or other advice.
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Gerard Kelly SC
Partner, Head of Intellectual Property Law, Co-Head of Dispute Resolution
+353 86 820 8066 gkelly@mhc.ie