Search terms: Matheson
Including: Legislative Framework; Courts' Attitude to Arbitration; Domestic Arbitration; International Arbitration
The Law Reform Commission has issued its Report on Alternative Dispute Resolution, specifically focusing on mediation and conciliation. It remains to be seen how many of the report's recommendations will be adopted, although it is likely that many – if not all – will eventually find their way onto the statute books in some form, particularly since a draft Mediation and Conciliation Bill is annexed to the report.
The government has published the details of its bank guarantee scheme. Announced on September 30 2008, emergency legislation was subsequently passed within 48 hours to allow the minister for finance to provide guarantees of both the deposits and certain borrowings of certain domestic banks and building societies.
An Irish parliamentary committee has published a report on offshore oil and gas finds in Irish coastal waters, with recommendations including a substantial increase in the tax take from any future licences. The report calls for a more transparent system regarding licensing and public consultation, while also recommending regular reviews of fiscal and licensing terms.
The Commission for Electricity Regulation (CER) recently issued a important decision paper that should be reviewed by anyone that is considering a contestable build of connection works to connect its generation assets to the distribution or transmission system. In making its decision, the CER sought to balance the interests of system operators and independent power producers.
Contrary to high-profile criticism of the Irish planning system, energy projects in the 'strategic infrastructure' process have a success rate of almost 100%. The strategic infrastructure planning process is a fast-track process allows applications for certain energy developments to be made directly to the Planning Board. Although the system has its critics, the evidence is that it has delivered good results in the energy sector.
The Department for Communications, Energy and Natural Resources has published a welcome update on the status of the main public support scheme for renewable energy projects in Ireland. The proposed terms and conditions of eligibility for support under RE-FIT 2 and RE-FIT 3 have not yet been published, but the inclusion of these details on the department's website provides welcome confirmation that further support for renewable electricity generation in Ireland is at an advanced stage of planning.
The Commission for Energy Regulation recently published its final assessment on the deregulation of the domestic retail electricity market and duly removed all remaining price regulation from the retail electricity market. This deregulation decision occurred at the final stage of the commission's Roadmap to Deregulation, in which it outlined its plan to phase out the remaining price controls.
President Mary McAleese has signed the Energy (Biofuels Obligation and Miscellaneous Provisions) Act 2010 into law. The act is a significant piece of legislation as it obliges fuel suppliers in Ireland to sell a specified amount of biofuels (ie, fuels derived from sustainable sources) each year. It is hoped that this obligation will aid Ireland in reducing its carbon emissions and developing its biofuels production capacity.
The increased use in recent years of social media by doctors raises concerns around important issues such as patient confidentiality. The Irish Medical Council has not yet published specific guidelines but has stated that the guidelines set out in its Guide to Professional Conduct and Ethics for Registered Medical Practitioners include the use of social media by doctors.
The EU Falsified Medicines Directive is yet to be transposed into Irish law. However, the Irish Medicines Board has issued guidance on the registration requirements for manufacturers, importers, distributors and brokers of active substances. All entities in the supply chain should consider the impact that the new regime will have on their existing contracts and implement any necessary changes.
Ireland, in common with many other jurisdictions, has experienced a significant level of debate and controversy regarding the prices of drugs supplied under state-sponsored community drugs schemes. Recent initiatives aim to drive down the state's medicines bill, including a new medicines supply agreement which is predicted to provide €400 million in savings.
Two recent High Court decisions have provided much-needed clarification as to the scope and operation of Section 62 of the Civil Liability Act 1961. The decisions related to applications by insurers to strike out the claim against them on the basis that no reasonable cause of action was disclosed. Both insurers were successful.
The High Court recently had its first opportunity to consider whether after-the-event insurance policies could effectively substitute security for costs. The ruling demonstrates that the courts will accept after-the-event insurance and will not award security for costs against a plaintiff that has taken out after-the-event cover, provided that policies do not contain terms by which the insurer can avoid liability to pay the defendant's costs.
A recent case confirmed that an application to dismiss a claim for failure to make discovery will not succeed where the discovery obligation is complied with. The case is a reminder that in making applications to strike out proceedings, the courts are slow to deprive litigants of a trial. The decision confirms that it is only in extreme cases that pleadings will be struck out arising from delayed or sequential making of discovery.
A number of recent High Court decisions considered the concept of 'no transaction' damages in cases involving professional negligence. The courts have confirmed that the correct approach in no transaction cases is to determine whether the negligent act resulted in the occurence of the transaction.
A recent High Court decision confirmed that where a party seeks to bring an application, it should deal with any related aspects in that application the first time round, rather than holding it over for another application. A party to litigation should ensure not only that matters which have been litigated are not re-litigated, but also that matters which ought properly to be brought before the court at a particular hearing are actually brought before it.
The Irish courts have 'inherent jurisdiction' at their disposal, which allows them to take certain steps with regard to the conduct of proceedings. Where procedural or substantive law has a gap in terms of giving the courts a clear power to do something, there may be a basis on which to invoke inherent jurisdiction. A recent High Court case demonstrates how it can operate effectively.
Under Irish procedure, the general rule is that costs 'follow the event' or, more simply, the winning party is generally entitled to its costs from the losing party. The High Court recently reconsidered the case law on security for costs. Although its decision sets out no new principles, it does set out a useful summary of the basic test applicable to the award of security for costs, as well as the numerous exceptions.
The Supreme Court recently issued its views on the holding of modular trials in the context of an appeal from a Commercial Court decision. This decision is important because it represents a clear statement from the Supreme Court with regard to the circumstances in which it will interfere in a case management decision.
Including: Public-Private Partnerships; Electricity Sector; Gas Sector; Infrastructure Projects; Waste Management and Water Treatment; Telecommunications; Mining Sector; Legal Environment
The government is looking to public private partnerships (PPPs) to provide funding, as well as specialist skills and innovation, in its plan to revitalize public transport in Dublin. The PPP model is currently being used in the LUAS light railway project, and has been proposed for several other forthcoming projects.