For an overview of the civil court structure in Ireland, see:
Ireland—Civil court structure—flowchart
which should be read in conjunction with Practice Note:
Ireland—Civil courts structure
As soon as a dispute is imminent, there are a number of key issues which parties should consider. For example, a plaintiff should explore whether or not it is worth pursuing the defendant at all by checking their financial means. If the defendant does have assets, it is worth investigating where they are located (ie in or out of the jurisdiction) and taking a view on how easy it would be to enforce any judgment against such assets. The plaintiff could additionally need to consider whether any emergency procedures are required before the action is commenced, eg to restrain a party from moving assets out of the jurisdiction or whether other pre-action procedures are necessary. For further information on the various issues a party should have at the forefront of their minds in the early stages...
To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.
**Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisNexis services please email customer service via our online form. Free trials are only available to individuals based in the UK, Ireland and selected UK overseas territories and Caribbean countries. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
This article was written by Fiona Campbell of Lexis Nexis UK and Shauna Gillan of the International Protection Appeals Tribunal and considers the...
The European Commission has launched a public consultation and call for evidence on a possible revision of Regulation (EU) No 1215/2012 (the Brussels...
Ireland-Dispute Resolution analysis: This article, written by Richard Willis, partner (Litigation, Dispute Resolution and Investigations), Joanelle...
Ireland-Dispute Resolution analysis: This decision confirms that a plaintiff’s title to maintain proceedings is assessed when proceedings are...
Priority between loss reliefs in loss making companiesWhy does it matter?A company that is a member of a group and has incurred any of the types of losses available for surrender by way of group relief may, without any further rules, have more than one way in which to use the loss. There are a
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
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
0330 161 1234