This subtopic provides guidance on general and preliminary considerations in relation to managing a claim before the Irish courts.
Practice Note: Ireland—Progressing and managing a High Court civil claim discusses the steps to be taken in progressing and managing a civil claim in Ireland after the lodging of pleadings and before the fixing of a substantive hearing in the High Court. Irish civil procedure provides for a number of procedural rules depending on the nature of the claim and the court in which the case is heard. This Practice Note considers the specific procedural rules under the following types of civil summonses: plenary summons, summary summons, special summons and personal injuries summons
Practice Note: Ireland—Incidental applications in civil proceedings deals with incidental applications which are made to a court. It covers the addition, substitution and removal of parties, including third and fourth parties, and the correction of errors in the title of proceedings. The factors which must be considered when changing parties in personal injury actions are discussed in light of recent case law and statutes which particularly affect this area. The procedure for amending...
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What is the difference between an appeal and a review?What is an appeal?An appeal in insolvency proceedings is no different to an appeal in normal litigation. An appeal will be allowed only if the appeal court is satisfied that the decision of the lower court was 'wrong' or 'unjust because of a
If a beneficiary signs a deed of disclaimer of their share of an estate and the estate pays their legal fees, will that count as a PET against their estate?A disclaimer is the refusal of a gift prior to acceptance. The refusal of the gift must take place before the beneficiary accepts any benefit
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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