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PRACTICE NOTES
The doctrine of privity of contract has traditionally prevented injured third parties in Ireland from claiming against insurers. Before September 2020, the principal statutory exception was s 62 of the Civil Liability Act 1961 (Ireland) (CLA 1961 (IRL)) which required a third party to obtain judgment against a policyholder before proceeding to enforce the award against an insurer. The introduction of the Consumer Insurance Contracts Act 2019 (Ireland), s 21 (CICA 2019 (IRL)) has mitigated these limitations, allowing a third party—who is a consumer—to claim directly against an insurer in certain circumstances, without first needing to establish the policyholder's liability in separate proceedings (although liability must still be established before the contract can be enforced). The historical barrier: privity of contract A third party who is not a party to an insurance contract will generally have no rights at common law against an insurer due to the doctrine of privity of contract. Until the commencement of CICA 2019 (IRL), s 21,
PRACTICE NOTES
This Practice Note examines the Gender Pay Gap Information Act 2021 (Ireland) (GPGIA 2021 (IRL)), which amends the Employment Equality Act 1998 (Ireland) (EEA 1998 (IRL)), the corresponding implementing regulations—SI No 264/2022 Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) Regulations 2022 (Ireland), SI No 259/2024 Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) (Amendment) Regulations 2024 (Ireland) and SI No 212/2025 Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) (Amendment) Regulations 2025 (Ireland) (GPGIA Regulations 2025 (IRL)). It provides an overview of the requirements for in-scope employers to report on the gender pay gap (if any) in their organisation, reporting on both the mean and the median gender pay gaps. The Practice Note covers the key dates, the gender pay gap information to be published, the manner and place of publication, consequences of non-compliance and also discusses key differences with Directive (EU) 2023/970 (EU Pay Transparency Directive) which is due to be transposed into Irish law on or before 7 June 2026. The gender pay gap reporting obligations
PRACTICE NOTES
The Conditions of Sale 2023 (Revised) Edition was published on 16 April 2024 and amends the Conditions of Sale 2023 which was issued on 20 October 2023 and has been in use for all transactions since 1 November 2023. The text of the revised conditions are available on the Law Society Website available here. The following changes were made to the Conditions of Sale 2023 Edition: • The conflict between General Condition 2(f) and General Condition 49 (Severance) has been resolved. General Condition 2(f) has been deleted and General Condition 49 (Severance) has been updated and now reads as follows: ◦ If any term, provision, clause or sub-clause of this Contract (or as the case may be, any part of any term, provision, clause or sub-clause of this Contract), not going to the root of this Contract, shall in whole or in part be unlawful, void or unenforceable or shall
PRECEDENTS
This General Power of Attorney is made on [date] by [name] of [address]. This is the specified form of general power of attorney as set out in the Powers of Attorney Act 1996 (Ireland), Sch 3 ((PAA 1996 (IRL)). A general power of attorney
NEWS
Ireland-Commercial analysis: The Court of Appeal in Guerin v O'Doherty reaffirmed the narrow scope of the strike-out jurisdiction under the Rules of the Superior Courts (IRL), Order 19, SI 15/1986, r 28, holding that disputed factual matters and statutory defences under the Defamation Act 2009 (Ireland) (DA 2009 (IRL)) could not ordinarily be determined on a preliminary application in a jury defamation action. The judgment is of wider practical significance for its guidance on the proper use of artificial intelligence in litigation. Costello P confirmed that parties may use AI for legal research and drafting, but must independently verify authorities and propositions advanced, avoid reliance on hallucinated citations, and disclose AI use to the court and opposing parties where relevant. Produced in partnership with Lawrence Morris BL of the Bar of Ireland.
PRECEDENTS
This Precedent is a governing law clause, sometimes known as an applicable law clause or a choice of law clause. The governing law clause is categorised as one of the boilerplate clauses of an agreement. It allows the parties to specify the substantive law that will apply to the interpretation of an agreement and, in the event of a dispute, in relation to it. A governing law clause does not make provision as to how such disputes are to be resolved. Merely choosing Irish law as the proper law of the agreement does not automatically operate as a submission to the jurisdiction of the Irish courts. It is important to note that governing law and jurisdiction are separate issues. For further information on jurisdiction clauses, see Precedent: Ireland—Jurisdiction clause. It is important that a governing law clause is considered, particularly if the contract in question has an international element. An applicable law clause should make provision for a national system of law to be applied to determine the dispute between the parties. Generally, the parties
NEWS
Department of Children, Equality, Disability, Integration and Youth has announced that Ireland has completed the formal process for accession to the Optional Protocol of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). The Protocol will come into force on 30 November 2024, allowing individuals to utilise the ‘communication procedure’ to bring alleged breaches of rights under the Convention to the UN Committee's attention. The government signed and deposited the instrument of accession on 31 October 2024. This development fulfils a key commitment in Ireland's programme for government and establishes additional procedures to strengthen the implementation of the convention, including empowering the UN Committee to receive communications and conduct inquiries into potential violations.
NEWS
The Minister for Finance, Jack Chambers, has secured government approval for the priority drafting of the Conclusion of IBRC Special Liquidation and Dissolution of NAMA Bill 2024. The legislation seeks to facilitate the orderly conclusion of the Special Liquidation of the Irish Bank Resolution Corporation (IBRC) by the end of 2024, and the dissolution of the National Asset Management Agency (NAMA) by the end of 2025 in accordance with NAMA’s 2021 Strategic Plan.
NEWS
The Department of Housing, Local Government and Heritage has opened a public consultation in relation to site investigations being conducted off Tralee on behalf of Mainstream Renewable Power Ltd.
NEWS
The Department of the Taoiseach published the Quarter 1 Progress Report of Ireland's Climate Action Plan 2025 (CAP25) on 17 July 2025. The report shows 4 out of 6 new actions were completed on time, while 10 of 64 remaining legacy actions from previous plans were fulfilled. A new Programme Board has been established to accelerate implementation, reporting to the Climate Action Delivery Board. The report covers six high-emission sectors and indicates Ireland's emissions are at their lowest level in 35 years, marking the third consecutive year of reduction.
PRECEDENTS
These clauses can be used in commercial leases between landlords and tenants in Ireland. The clauses are written primarily for a lease of new office premises within a multi-let building where the tenants contribute to the maintenance of the building common
PRECEDENTS
These green clauses can be used in commercial leases between owners/landlords and occupiers/tenants in Ireland. The clauses are written primarily for a lease of new office premises within a multi-let building where the tenants contribute to the maintenance of the building