Professional negligence claims in Ireland are usually founded on contract and/or tort and this note will focus on the time limits within one must bring such claims. In particular, this note will cover when the clock starts and stops for limitation purposes, known exceptions to the general rules and the principles relied on by courts when deciding whether a claim is statute barred. Limitation periods The Statute of Limitations 1957 (Ireland) (SL 1957 (IRL)) is the primary piece of legislation which governs limitation periods in Ireland and provides that actions founded on tort or contract shall not be brought after the expiration of six years from the date on which the cause of action accrues. Other Acts, such as the Civil Liability Act 1961 (Ireland) (CLA 1961 (IRL)), also prescribe time limits. If the action is not commenced within the relevant limitation period, the action becomes statute barred. This does not mean that the plaintiff loses their right of action, rather it provides the defendant with a defence. A statute defence is procedural and must

The primary piece of legislation governing limitation periods in Ireland is the Statute of Limitations 1957 (Ireland) (SL 1957 (IRL)). This Practice Note contains a summary of the limitation periods under the SL 1957 (IRL) for the principal types of actions. This list is not exhaustive and focuses on actions which practitioners are most likely to encounter. Practitioners should always refer to the relevant legislation when considering issues relating to limitation periods. For further information on certain types of claims in Ireland, see the following Practice Notes: • Ireland—Limitation periods in professional negligence claims • Ireland—Personal injuries actions—Limitation periods Type of Claim Limitation Period Reference Additional Information Simple contract Six years SL 1957 (IRL), s 11(1)(a) In cases of simple contract, the date of the accrual of the cause of action will be the date on which the breach of contract occurs. This is the case notwithstanding that no damage, or only nominal damage has been suffered (see Gibbs v Guild (1881) 8 QBD 296).In the case

The Lender(s) should comprise the name(s) of all of the lending individual(s), listed separately as (1), (2) etc. The Borrowers should comprise the name(s) of all of the borrowing individual(s), listed separately as (1), (2), etc. A legal estate or interest in land may only be created or conveyed by a deed. It must be clear from the face of the document that it is intended to be a deed. For guidance on execution of a deed by an individual see Practice Note: Ireland—Executing simple contracts and deeds. For an execution clause (testimonium) and signature blocks, suitable for use where execution as a deed by an individual is required, see Precedent: Ireland—Execution clause—individual—deed. Drafting assumptions This Precedent is drafted on the basis that the Lender and the Borrower are individuals, and the Consumer Credit Act 1995 (Ireland) is therefore not applicable. This Precedent is not suitable for use in a commercial setting for either a business to consumer (B2C) or business to business (B2B) loan. DATE: Parties 1 [[name] of [address] [and [name] of [address]] OR [name]

The Lender(s) should comprise the name(s) of all of the lending individual(s), listed separately as (1), (2), etc. The Borrowers should comprise the name(s) of all of the borrowing individual(s), listed separately as (1), (2), etc. For guidance on execution of a contract by an individual, see Practice Note: Ireland—Executing simple contracts and deeds. Drafting assumptions This Precedent is drafted on the basis that the Lender and the Borrower are individuals, and the Consumer Credit Act 1995 (Ireland) is therefore not applicable. This Precedent is not suitable for use in a commercial setting for either a business to consumer (B2C) or business to business (B2B) loan. DATE: Parties 1 [[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Lender[s]) 2 [[name] of [address] [and [name] of [address]] OR [name] and [name] both of [address]] (Borrower[s]) 1 Definitions In this Agreement, the following definitions apply: Default • is: (a) a breach by the Borrower[s] of any of their obligations under this

MLex: Deutsche Lufthansa and the Italian Ministry of Economy and Finance's bid to take joint control of Italia Trasporto Aereo (ITA) has drawn an in-depth investigation, according to a press release from the European Commission on 23 January 2024. The Commission now has until 6 June 2024 to reach a decision on the deal.

MLex: The plan by Lufthansa and the Italian Ministry of Economy and Finance to acquire joint control of ITA Airways will now be reviewed as part of a full investigation, the European Commission said today. The EU executive has preliminary concerns that the deal could reduce competition in the market for passenger air transport services on several short-haul routes in and out of Italy, and also on long-haul routes.

This Practice Note sets out the background to the establishment of the Workplace Relations Commission (WRC) in Ireland, describes the functions of the WRC and the process for submitting a complaint to the WRC. ’The establishment of the Workplace Relations Act 2015 (Ireland) (WRA 2015 (IRL)) was perhaps the most far-reaching institutional legislative reform in the area of employment and industrial relations in almost 70 years.’ Background to the establishment of the Workplace Relations Commission (WRC) The WRC was established by WRA 2015 (IRL) in response to calls to significantly reform and replace the unwieldy and overly complicated procedures and fora for dealing with employment related disputes. For further information regarding the need to reform the system prior to WRA 2015 (IRL), please refer to Legislating for a World-Class Workplace Relations Service. Prior to its establishment, an individual seeking resolution for employment related or industrial relations disputes had to determine in advance whether the claim ought to be submitted to one of the following organisations:

This Practice Note discusses the management of employee underperformance in Ireland. It covers informal performance management, performance improvement plans (PIPs), documentation and escalation, with reference to the Unfair Dismissals Acts 1977–2015 (Ireland) (as amended, UDA 1977 (IRL)), the SI No 146/2000 Code of Practice on Grievance and Disciplinary Procedures (Declaration) Order 2000 (Ireland) (SI 146/2000 (IRL)) and the Employment Equality Acts 1998–2015 (Ireland) (as amended, EEA 1998 (IRL)). It also covers data protection considerations under the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) and probation limits under the SI No 686/2022 European Union (Transparent and Predictable Working Conditions) Regulations 2022 (Ireland) (SI 686/2022 (IRL)). Under UDA 1977 (IRL), lack of competence is a potentially fair reason for dismissal, that is, if the standard of performance was clear and the employee had a fair chance to meet it. Optimally, employers should start performance management with clear role profiles and measurable key performance indicators (KPIs) to safeguard against claims. Foundations SI 146/2000 (IRL), made under the Industrial Relations Act 1990 (Ireland), is used

General This Precedent is a definition for the term 'material adverse change' (MAC), to be included in the definitions and interpretation clause of an agreement. Such a definition would be used to support a material adverse change clause, or MAC clause, typically seen in an agreement for the acquisition of a target company. The purpose of a definitions and interpretation clause is to allow the parties to define any terms that are used throughout an agreement, gathering them in one place for ease of reference. For further information on using defined terms, see Practice

Employees may be entitled to various types of payment relating to pregnancy or maternity, such as: • pay during time off for antenatal care • contractual maternity pay, and • statutory maternity benefit (Maternity Benefit), payable by the Department of Social Protection (the DSP), with entitlement depending on the individual’s previous payments of Pay Related Social Insurance contributions (PRSI) Aside from Maternity Benefit, these payments are generally made by the employer. The statutory provisions relating to Maternity leave and pay in Ireland are found in the Maternity Protection Act 1994 (Ireland) (MPA 1994 (IRL)), the Maternity Protection (Amendment) Act 2004 (Ireland) (together the MPA 1994 (IRL)) and the Adoptive Leave Acts 1995 and 2005 (Ireland). Certain rights, including maternity leave also apply to transgender men who are pregnant or have given birth and who have a gender recognition certificate, in accordance with the Gender Recognition Act 2015 (Ireland). These rights applicable to transgender men are set out in the Work Life Balance and Miscellaneous Provisions Act 2023 (Ireland). Pay during time off for antenatal and post-natal care A

Irish employment law provides a framework to protect employees who become parents or who have caring responsibilities. Maternity leave, adoptive leave and paternity leave are established under the Maternity Protection Act 1994 (Ireland) (MPA 1994 (IRL)), the Adoptive Leave Act 1995 (Ireland) (ALA 1995 (IRL)) and the Paternity Leave and Benefit Act 2016 (Ireland) (PLBA 2016 (IRL)). These ensure time off and social welfare benefits for new parents. Broader family rights such as parental leave and parent’s leave are governed by the PLA 1998 (IRL) and the Parent’s Leave and Benefit Act 2019 (Ireland) (PLBA 2019 (IRL)). Carers can access leave under the Carer’s Leave Act 2001 (Ireland) (CLA 2001 (IRL)) to provide full-time care for a dependent person without losing employment status. These measures reflect a strong policy commitment to work-life balance and to protecting workers who temporarily step back from the workforce to care for children or dependent family members. Maternity leave MPA 1994 (IRL) implements the EU Council Directive 92/85/EEC (the Pregnant Workers Directive), which

Alternative dispute resolution mechanisms, including mediation, are frequently used to resolve workplace disputes. Mediation is a voluntary, consensual process whereby a mediator can facilitate discussions between the respective parties to enable them to reach a mutually acceptable settlement and ultimately avoid recourse to formal adjudication processes. This Practice Note provides a general introduction to the mediation process, using meditation to resolve employment and workplace disputes and explains what mediation is and the general benefits of mediation. It provides an outline of the Workplace Relations Commission (WRC) mediation service, how to access the WRC mediation services and the mediation process. Provision for mediation in an employment context is set out in the Workplace Relations Act 2015 (Ireland), Part 4 (WRA 2015 (IRL)). Any disputes subject to consideration by the WRC fall outside the scope of the Mediation Act 2017 (Ireland) (MA 2017 (IRL)). What is mediation? Mediation can be described as: • a confidential, structured conversation • between parties who are in dispute with each other • that is guided or facilitated by an impartial