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PRACTICE NOTES
This short guide sets out the steps to be followed to appoint a company secretary to an Irish company. For a thorough, practical guide to the legislation, case law and procedure regarding the appointment of a company secretary, see Practice Note: Ireland—Appointment of a company secretary. Determine the role of the company secretary The company secretary is the principal administrative officer of a company and has certain statutory duties under the Companies Act 2014 (Ireland) (CA 2014 (IRL)). These include the maintenance of company’s statutory (non-accounting) records and registers. The directors may delegate additional duties to the company secretary and these may be set out in the company’s constitution or the company secretary’s contract of employment. In general, a company secretary’s role will often involve: • the maintenance of the company’s non-statutory records and registers • acting as the Electronic Filing Agent for the company and filing documents with Companies Registration Office • running the agenda for, and taking minutes of, board meetings and members' meetings, and • any other duties delegated by the
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker is a list of key judgments from 2018 considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: • Construction law case tracker • Construction case tracker—2020 [Archived] • Construction case tracker—2019 [Archived] • Construction case tracker—2017 [Archived] • Construction case tracker—2016 [Archived] • Construction case tracker—2015 [Archived] Public procurement cases are listed in the: UK public procurement case tracker and the EU public procurement case tracker. Key upcoming appeal cases are listed in the Construction horizon scanner (Appeal cases). December 2018 Case Judgment date Summary Skymist v Grandlane [2018] EWHC 3504 (TCC) 19 December 2018 Adjudication: The TCC dismissed a jurisdictional challenge to an adjudicator’s decision, which alleged that the adjudicator had been appointed by the wrong nominating body, or alternatively that the referring party had ‘approbated and reprobated’ in respect of the underlying contract and its nomination provision. See News Analysis: Jurisdictional challenge alleging wrong adjudicator nominating body fails (Skymist v Grandlane). Sitol
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. The Construction case tracker is a list of key judgments from 2015 (1 June 2015 onwards) considered relevant to construction lawyers, with cases listed in reverse chronological order. See also: • Construction law case tracker • Construction case tracker—2020 [Archived] • Construction case tracker—2019 [Archived] • Construction case tracker—2018 [Archived] • Construction case tracker—2017 [Archived] • Construction case tracker—2016 [Archived] Public procurement cases are listed in the: UK public procurement case tracker and the EU public procurement case tracker. December 2015 Case Judgment date Summary Fulton Shipping Inc of Panama v Globalia Business Travel SAU (formerly Travelplan SAU) of Spain [2015] EWCA Civ 1299 21 December 2015 Repudiation/damages: The Court of Appeal, allowed an appeal regarding the measure of damages to be assessed following the ship charterers' repudiatory breach of contract. The court held that if a claimant adopted by way of mitigation, a measure which arose out of the consequences of the breach and was in the ordinary course of business and such measure
PRECEDENTS
Term sheet for a bilateral facility for a borrower incorporated as a limited liability company in Ireland with or without security/a guarantee In relation to a proposed €[•] term loan facility to be provided to [insert name of borrower] by [insert name of lender] (the Parties). Date [•] 20[•] This term sheet is indicative only and is intended as a guide to what will be included in final documentation. It is not an offer to provide the facility. Provision of the facility is subject to satisfactory due diligence, credit committee approval and satisfactory final documentation. The terms in this letter are not exhaustive and [with the exception of []] are subject to contract and not intended to be legally binding on the Parties. Non-binding nature and confidentiality Term sheets will typically only include the main terms of the facility and not deal with every eventuality. They will often be drafted before due diligence has been carried out and credit approval received. Therefore, they will typically be merely indicative
PRACTICE NOTES
It is not just clients who may be able to bring a claim in negligence against their professional advisers. This Practice Note considers who can be parties to a professional negligence claim, ie who can bring a professional negligence claim: be it client, third parties and even, occasionally, those acting ‘on the other side’ of a transaction, and against whom such a professional negligence claim can be brought, with reference to when a professional owes a duty of care and to whom their duty is owed. For guidance on founding the duty on which the action may be based (and so where the issues can overlap with the identity of the parties as establishing a basis of claim), see Practice Note: Bringing a professional negligence claim based on the duty in contract, tort and equity. Professional owes a duty to their client—relevance of any retainer In most cases the professional owes a duty only to their client, in a strict sense. Who the client is will usually be apparent from the terms
PRACTICE NOTES
This Practice Note considers the law and rules applying to striking out a claim or a response (or part) and the making of unless orders by employment tribunals. The power to strike out all or part of a claim or response is the tribunal's most powerful tool where a claim is seriously misconceived, has not been conducted properly (or perhaps not pursued at all), or where there has been serious failure to abide by the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155 and/or the tribunal's case management orders. The tribunal has power in certain circumstances to strike out without further ado: see When and how striking out may occur, below. Sometimes, however, it may take the view that giving the offending party one last chance to rectify matters, before all or part of its claim or response, or reply to an employer’s contract claim, is dismissed, is more appropriate. In such instances the making of an 'unless order' will be the appropriate course: see Unless orders: how they
PRACTICE NOTES
While each litigation funding agreement (LFA) and its associated documents will vary depending on the funder and the specificities of the funded matter, there exist key issues that need to be addressed in the various negotiation phases. This Practice Note is one in a series of short Practice Notes by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Group Ltd, aiming to provide for those involved in negotiating and considering LFAs and their associated documents a better understanding of the factors at play. Representations and warranties A lengthy representations and warranties (R&W) clause can often seem onerous. However, its length in any given commercial contract is often correlated to the complexity of the underlying investment and, given that litigation is complex by nature, comprehensive R&W are unavoidable. On the flip side, onerous R&W clauses should also be inversely correlated to the level of ongoing monitoring that an investor undertakes throughout the life of an investment. In setting R&W clearly, the onus falls on the litigant
PRACTICE NOTES
CASE HUB ARCHIVED—this case hub reflects the position at the date of the decision of 15 January 2026; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the completed acquisition by Aramark Limited of Entier Limited. The transaction involves horizontal overlaps in the supply of catering and related facilities management services to the offshore energy sector in the UK North Sea. Latest developments On 15 January 2026, the CMA issue its final report, concluding that the transaction is likely to result in an SLC in relation to the supply of offshore catering and ancillary facilities management services to customers for assets used in the oil and gas sector in the United Kingdom Continental Shelf (UKCS) as the parties are close competitors, among the largest suppliers, and face limited competitive constraints.In terms of remedies, Aramark proposed a contract divestment to address the CMA’s provisional competition concerns in the UKCS offshore catering market, but later withdrew the remedy. The CMA has concluded that Aramark must sell Entier, akin to an unwinding of the transaction,
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. NOTE: On 5 September 2023, CIETAC introduced new revisions (Revisions) to its current 2015 arbitration rules, in response to the growing needs for flexibility and efficiency in the digital age and evolving practice in international arbitration following a revision plan initiated in April 2021. The Revisions across over 30 articles include digital case management, multi-tiered arbitration agreements, jurisdiction, multi-contract arbitrations, arbitral procedures and other challenging issues. The Revisions will become effective from 1 January 2024, and apply to all CIETAC arbitrations commenced as of that date. CIETAC’s current arbitration rules took effect from 1 January 2015 (the CIETAC Rules 2015). This Practice Note is UNDER REVIEW—it currently reflects CIETAC's structure and role as set out in the CIETAC Rules 2015. This Practice Note covers arbitration under the CIETAC Arbitration Rules 2015 (CIETAC Rules), which, generally, apply to arbitrations accepted by CIETAC on or after 1 January 2015 (CIETAC, art 84). For guidance on arbitration under the CIETAC Rules
PRACTICE NOTES
This Practice Note considers the key provisions of the Third Parties (Rights Against Insurers) Act 2010 (TP(RAI)A 2010), which replaced the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930) from 1 August 2016. The provisions may assist where the insured has become insolvent as it allows a third party which has suffered loss to make a claim against another party’s insurer directly in certain cases (the claimant is called the third party as they are not a party to the insurance contract). This is a huge advantage to the third party who may potentially recover 100% of their claim from the deep pockets of the insurer, rather than having to claim in the insolvency of the insured and rank as an unsecured creditor where they may only recover a fraction of the original claim. In essence, the legislation allows the intended beneficiaries of an insurance policy to benefit from the insurance. It applies to all types of liability insurance (for a summary, see Practice Note: Third Parties (Rights against Insurers)
NEWS
This week's edition of Dispute Resolution weekly highlights includes: analysis of key DR developments and judicial decisions, including the minutes of the Civil Procedure Rule Committee’s meeting of 5 December 2025 and the Court of Appeal decisions in Tyson v GIC Re, India (cross-border disputes) and James v HSBC UK Bank (limitation).
PRACTICE NOTES
Updated in June 2025 Introduction Cyprus is strategically located in the Eastern Mediterranean at the crossroads of Europe, Asia and Africa. It is an independent, sovereign republic with a presidential system of government and a written constitution which safeguards the rule of law, political stability, human rights and the ownership of private property. Cyprus has been a member of the EU since 1 May 2004 and of the Eurozone since 1 January 2008. In preparation for EU membership, Cyprus made significant structural and economic reforms that transformed its economic landscape and created a modern, open and dynamic business environment. Since joining the EU, it has established itself as the natural portal for inward and outward investment between the EU and the rest of the world, particularly the rapidly-growing economies of Russia, Eastern Europe, India and China. Cyprus is very well-placed as an international business and financial centre. Apart from its strategic geographical