Lawrence Morris, BL

This Practice Note considers the general principles of recovering damages for contractual breach. It begins with the compensatory function of damages and the limitations placed on a party’s entitlement to damages and proceeds to discuss areas concerning the different kinds of damages for pecuniary and non-pecuniary losses finishes with the consideration of the differences between liquidated damage clauses and penalty clauses.

This Practice Note is a ‘how to’ guide on managing defamatory social media posts. It includes a summary of what defamation is, the laws that apply in Ireland, and the measures and steps to take if dealing with a defamatory post.What laws apply to defamation?Defamation is primarily governed by the Defamation Act 2009 (Ireland) (DA 2009 (IRL)), as amended by the Defamation (Amendment) Act 2026 (Ireland) (D(A)A 2026 (IRL)). It must be viewed in the constitutional balancing act of a citizen’s protected right to a good name against the constitutional guarantee of free expression.The European framework governing intermediary liability was originally implemented in Ireland through the SI No 68/2003 European Communities (Directive 2000/31/EC) Regulations 2003 (Ireland). Where defamatory material is published online, the EU Digital Services Act, Regulation (EU) 2022/2065 (EU DSA) (implemented in Ireland via the Digital Services Act 2024 (Ireland)) also applies to intermediary service providers such as social-media platforms and website hosts.For further guidance on the EU DSA more generally,

This Precedent is an execution clause for use by a partner on behalf of the partnership when entering into a simple contract (rather than a deed).

These precedent execution clauses are for use by a partnership entering into a deed (rather than a simple contract). Two alternative execution clauses are given: one for a deed executed by each partner in the presence of a witness and the other for a deed executed by one partner authorised under power of attorney.