Irish businesses trying to navigate the current Brexit landscape should consider the impact of events on their contractual relationships. As Brexit will directly or indirectly affect most, if not all, transactions between Irish and UK businesses or Irish businesses doing business in the United Kingdom (including Northern Ireland), Irish suppliers must consider not only events which may directly affect them, but also their supply chain.
Businesses with experience litigating in Ireland will be familiar with the discovery process and the onerous obligation to disclose all relevant documents which are in their power, possession or procurement. In an age when the volume of electronically stored information continues to increase exponentially, the costs and time involved in complying with discovery orders can often be disproportionate; however, change may be on the horizon.
A High Court decision affirming a rule of practice which required a return of no goods to have been made before the court would issue a bankruptcy summons to a creditor has been successfully appealed to the Supreme Court, which also held that the High Court should retain the discretion to refuse to issue a bankruptcy summons even in cases where the provisions of statute and the Rules of Court had been complied with.