Ireland's Evolving Disputes Landscape

Gerard Kelly SC, Partner and Co-Head of Dispute Resolution, discusses how Ireland’s disputes landscape is evolving, with more complex matters and earlier engagement from parties. He looks at the impact of the upcoming defamation reforms and the pressures created by supply-chain disruption, and explains what these changes mean for businesses in practice.

The disputes landscape in Ireland is becoming more sophisticated with a noticeable increase in complex, multi-jurisdictional matters. We're seeing clients pay closer attention to dispute prevention, particularly through clearer contracts and stronger governance practices. Alternative dispute resolution methods such as mediation in particular seem to becoming more prevalent in commercial disputes at an early stage. The courts continue to modernise, actively managing cases and encouraging early engagement to keep costs under control. Technology is also changing how cases are run, from digital filings to hybrid hearings. Overall, Ireland remains a trusted, efficient and impartial venue for resolving both domestic and cross border disputes, which is encouraging continued interest from international businesses.

There are a number of changes expected when the Defamation Bill 2024 comes into force imminently. There will be an end to defamation cases being heard by a jury trial, which should streamline defamation cases somewhat and provide more certainty for defendants regarding damages levels. For online service providers, it will also provide more certainty as the complex defences that arise on intermediary liability will be decided by a judge. Another reform which will reshape defamation actions going forward is that a company plaintiff in a defamation case will now have to show serious harm, which means that the company has suffered serious financial loss before a defamation case can be taken by the company. This new development will have the potential to reduce actions taken by corporate plaintiffs, but will also lead to more hearings around the threshold of serious financial loss being determined.

Supply chain issues have become a major source of commercial tension as businesses navigate higher costs, shifting regulation and unpredictable logistics. The geopolitical landscape has encountered many significant developments, including a number of armed conflicts in recent years. Many disputes stem from unclear allocation of risk, particularly around pricing, delivery obligations and termination rights. Businesses are responding by tightening their contracts, improving record keeping and engaging with suppliers earlier when problems emerge. Good communication often prevents a commercial disagreement from escalating into a legal one. Where disputes do arise, Ireland offers a stable and experienced forum for resolving them efficiently and with commercial common sense.

For more information and expert advice, please contact a member of our Dispute Resolution team.

This content is provided for information purposes only and does not constitute legal or other advice.