Róisín Haughey, BL

This Practice Note outlines the procedures which legal practitioners must follow when seeking to obtain access to an individual’s medical records for the purposes of evidencing, or disproving, the suffering of an alleged injury by that individual in personal injuries litigation. This Practice Note identifies the available routes available to legal practitioners—under the Data Protection Act 2018 (Ireland), the EU General Data Protection Regulation (EU) 2016/679 (EU GDPR) and the Freedom of Information Act 2014 (Ireland)—when attempting to gain access to medical records, and each route’s respective requirements. Further, this Practice Note details the circumstances where access may be denied, offers practical guidance on the topic, and discusses case law to illustrate how the obligation on a plaintiff to disclose such information will vary depending on the context of the case.

This Practice Note outlines the process which must be followed and the key considerations which should be contemplated when identifying the defendant(s), and any co-defendants, to a medical negligence claim. It begins by outlining the structure of the Health Service Executive (HSE) and distinguishing between public, private and semi-private entities, including the legal implications of pursuing a medical negligence claim against each. It provides an overview of essential steps taken when commencing medical negligence litigation, namely, issuing letters of claim, naming defendant parties and adding parties to proceedings. Further, this Practice Note identifies which entities and practices fall within the ambit of Ireland’s Clinical Indemnity Scheme, outlines under which circumstances a hospital or clinic can be deemed vicariously liable and illustrates what gives rise to a ‘non-delegable duty’ on the part of a medical institution.

This Practice Note provides an overview of the procedure for bringing medical negligence claims in Ireland. It considers the procedure for bringing a claim for medical negligence, medical records and the role of expert evidence in medical negligence claims. It then goes on to consider the duty of care for medical professionals, the role of mediation on medical negligence claims and the steps to take in a medical negligence claim.

This Practice Note provides an overview of the law and practice relating to contracts for the sale and supply of goods. It reviews the key legislative provisions of the Sale of Goods Act 1893 (Ireland), Sale of Goods and Supply of Services Acts 1980 (Ireland) and the Consumer Rights Act 2022 (Ireland) and their application to the sale and/or supply of goods in business to business (B2B) and business to consumer (B2C) contracts.

This Practice Note provides an overview of the legislation and regulation impacting business to business (B2B) and business to consumer (B2C) contracts for the supply of services. It analyses the key legislation and regulations applicable and will highlight principal statutory rights and requirements. The Practice Note considers the use of standard terms and conditions versus bespoke agreements for use in documenting supply of services transactions. Sector-specific legislation and regulation is not considered.

Mediation is often an effective form of alternative dispute resolution in medical negligence matters (and some personal injury matters generally). This Checklist provides information on the format of mediations and practical guidance to help ensure the success of a mediation.