Personal injury practitioners must have sight of medical reports in order to give a view on liability and to assess quantum. From a defence point of view, sight of medical records is essential in order to defend the proceedings and obtain the view of a medical expert in assessing all available evidence in respect of the personal injury allegedly suffered. In this regard, relevant pre-accident medical history and records will assist the expert in forming his or her opinion and prognosis when preparing the report and will further assist the parties in ascertaining the percentage of liability, if any, to apportion to the incident which is the subject matter of the proceedings. In certain circumstances, post-accident medical records may also be relevant. Contents of medical records Medical records consist of notes, letters, charts, x-rays, results of tests and correspondence regarding any treatment that a person has received during his or her lifetime. Requests for certain records need to be made to certain entities.

Cross-border claims When there is a cross-border element to a claim (for example, if the injury happened abroad, or the defendant is domiciled outside of Ireland), there are three key issues that need to be answered: • jurisdiction—what country should the claim be commenced in? • applicable law—which country’s laws will apply when hearing the substantive dispute? • enforcement—where can any judgment be enforced? Jurisdiction is the competence or power of a court, for our purposes in Ireland, to hear and determine a claim. Jurisdiction is different from the applicable law governing the claim. The courts of Ireland may have jurisdiction to hear a claim, but it does not necessarily mean that the applicable law of the claim is Irish law. Jurisdiction relates to whether the claim can be brought in Ireland. There are obvious benefits for an individual who lives in Ireland to bring a claim in Ireland including convenience and cost. Claims which fall within the scope of one of the international conventions relating to international carriage (eg by

This Practice Note considers the position where a passenger is injured, or suffers loss or damage, at sea, including the application of the Athens Convention 1974 (the Convention) and Council Regulation (EC) No 392/2009 in Ireland. It explains when the carrier is strictly liable, when fault must be shown, how insurance and liability limits operate, the relevant time limits, the available jurisdictions and the Irish procedure for bringing claims, and it also considers overlap with package holiday claims. Accidents causing injury or loss or damage to passengers in international waters are mainly governed by the Convention and Council Regulation (EC) No 392/2009. The Convention was given effect to in Ireland by Part III of the Merchant Shipping (Liability of Shipowners and Others) Act 1996 (Ireland) (MSLSO 1996 (IRL)). The text of the Convention is set out in full in MSLSO 1996 (IRL), Sch 2. The amendments to the Convention pursuant to the 2002 Protocol (the 2002 Protocol) were acceded to by Ireland in 2014. Since 31 December 2012, Ireland has applied Regulation

This Precedent is a short form clause providing for non-mandatory adjudication in the event of a dispute arising out of a commercial, business-to-business (B2B) contract (non-construction). It provides for the appointment of an adjudicator and the terms of reference of the adjudication. Adjudication is an informal dispute resolution procedure, designed to be an intermediate method between expert determination and full arbitration. Under adjudication proceedings, the parties generally retain full control of the procedure to be adopted and can decide whether the adjudicator’s decision is finally binding, temporarily binding or merely advisory. This will all depend on the terms of the reference and on the dispute resolution clause itself. Adjudication is commonly used as a method of resolving disputes in the construction industry but could be a consideration for parties to some commercial B2B contracts. Adjudication is a method of alternative dispute resolution (ADR) and may be an alternative to litigation for parties in a dispute. For more information on alternative dispute resolution clauses, see Practice Note: Ireland—Dispute resolution clauses—what and why. For more information on ADR generally, see Practice

Historical background Due to geographical proximity, there was (within the construction industry) broad knowledge of statutory adjudication in Ireland from its introduction in the neighbouring jurisdictions of England and Wales and Northern Ireland in 1998 through to 2010 when the Irish Construction Contracts Bill was introduced. During this period, it is understood that there was some use of contractual adjudication in Ireland. No specific figures are available on the degree to which adjudication was used in this way at that time but see Clarke Quarries Ltd v PT McWilliams Ltd. Legislation governing adjudication in construction contracts The Construction Contracts Act 2013 (Ireland) (CCA 2013 (IRL)) came into force in Ireland on 25 July 2016. CCA 2013 (IRL) should be read alongside the Code of Practice Governing the Conduct of Adjudications (the Code). The thread running through the legislation is its intent to ensure there is cash-flow, in the construction industry, by providing for prompt

This Checklist sets out a number of considerations that a dispute resolution lawyer might wish to keep in mind when advising a client who is commencing or pursuing a claim against a party in financial difficulty. Claims against a defendant in financial difficulty Claims against parties in financial difficulty face a number of challenges, which require consideration prior to issuing proceedings. Is the prospective defendant in an insolvency process, which necessitates additional process prior to issuing or progressing proceedings? Does the prospective defendant have sufficient assets against which any judgment obtained can ultimately be enforced? If so, where would any judgment rank vis-à-vis the claims of the prospective defendant’s other creditors? Each of these issues should be addressed before a claim is issued. Initial considerations Issue Considerations How might I establish whether a (potential) defendant is in financial difficulty and/or insolvent? There are various searches that can be carried out to ascertain whether an individual or corporate defendant has formally entered into an insolvency process. In respect of individual defendants,

This Practice Note considers agency in Ireland, types of agency, SI No 33/1994 European Communities (Commercial Agents) Regulations 1994 (Ireland) and SI No 31/1997 European Communities (Commercial Agents) Regulations 1997 (Ireland) (SI 31/1997 (IRL)), the definition of a commercial agent, the scope and application of the Commercial Agents Regulations (IRL) and the impact of SI 31/1997 (IRL) upon agency contracts and relationships to which they are applicable, excluded categories, commission, termination, compensation and restrictive covenants. Agency generally Agency is a relationship under which one person (or entity) appoints another to act under their direction and on their behalf for specified purposes. The person who employs the agent is known as the principal. In business, agents are commonly used for the introduction or conclusion of contracts between the principal and customers or other third parties. The term ‘agent’ is sometimes used loosely in business and may refer to those, eg distributors, whose activities are similar to those of agents but who are not agents in law. There must exist an intention to create the relationship

[MSN xxx] POWER OF ATTORNEY OF [Insert name of Aircraft Owning Entity] Appointment This paragraph appoints, and sets out the authority of, the attorney. This power of attorney allows for one or more attorney to be appointed. If more than one attorney is appointed using this power of attorney, it is important that the drafter specifies whether such appointment is to be on a joint, several, or joint and several basis. A several appointment allows each of the attorneys to act independently, while a joint appointment provides that all the attorneys must consider and consent to the act in question. In respect of an aircraft transaction it is usual that the attorneys will be appointed on a several basis. You should also note that if the attorneys are appointed on a joint basis if one of the attorneys dies, becomes bankrupt or is incapacitated then the appointment of all the attorneys will terminate, if not given by way of security. The attorney(s) will usually be employees of the company or of the associated group companies however

Introduction The allotment and issue of shares is governed by statutory rules and by the company’s constitution. This Practice Note sets out the procedure for the allotment of shares by a private company limited by shares (which includes the grant of rights to subscribe for, or to convert any security into, shares). The rules relating to allotment of shares must be read in conjunction with the rules governing existing shareholders’ pre-emption rights. A pre-emption right is a right of first refusal by a holder of shares on any allotment of shares. Definitions of allotment and issue The terms ‘allotment’ and ‘issue’ are often used interchangeably in relation to new shares in the capital of a company. However, the terms do have distinct legal meanings that it is important to understand. Shares in a company are allotted when a person acquires the unconditional right to be included in the register of members in respect of those shares. The subsequent issue of those shares occurs when the name of the

General drafting note This guide provides general information on the various methods of alternative dispute resolution (ADR) and does not give specific advice on which option may be most appropriate for a particular dispute. The guide can be provided to a client at an early stage, when ADR is being considered before legal proceedings are commenced, or where ADR is being considered after proceedings have already been issued. The terminology used in this guide reflects the generally accepted Irish term, ie alternative dispute resolution (ADR). This guide does not satisfy the requirements of MA 2017 (IRL), s 14 and separate advice on mediation should be provided before any proceedings are issued. This paragraph will need adapting if you are providing the client with guidance as to which ADR process or processes is most suitable for their particular dispute. This guide explains the main ways of resolving a civil dispute without having the dispute determined by a court of law, often referred to as ‘alternative dispute resolution’ (ADR). It is intended to help you understand the different ADR options

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General During the lifetime of an agreement (and sometimes afterwards) one or more of the parties may wish to inform third parties about certain matters regarding the existence of the agreement, its subject matter, or events arising from the operation of the agreement. The type of information envisaged is that which is contained in public announcements or press releases made by one or more of the parties (eg to inform investors, potential investors, the press, potential customers or regulatory authorities). This type of announcement is usually distinct from information which results from the operation of the agreement (eg in a consultancy agreement, the consultant may make regular reports of the work it carries out and provide the information to its client or sometimes third-parties). However, the parties will not normally wish to allow each other to freely release information to third parties and will insert a clause in the agreement which forbids all or some of the parties from releasing certain (or all) information. The general aim of an announcements clause is to control the form of public