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03 February 2009
The Commercial Division of the High Court was set up in January 2004 to facilitate more expedient and efficient trials of commercial disputes. The Commercial Court can hear any commercial claims in excess of €1 million or any IP claims dealing with patents, copyright, trademarks, designs or passing off. The court rules provide for active case management by judges and can compel litigating parties to agree on various issues before the matter goes to trial.
Statistics published by the court on November 30 2008 demonstrate its effectiveness in resolving business disputes. On average, it takes 21 weeks from the date on which a case is entered into the court for the case to be heard at trial, with 50% of cases being concluded within 16 weeks and 90% of cases within 47 weeks. Approximately 65% of cases settle within these short timeframes. This has the added benefit of cases settling much earlier than would otherwise be the case, thereby reducing overall costs for the parties. For IP matters, the speed at which a party can seek to have an IP case determined by the Commercial Division at trial provides IP rights owners with a viable alternative to seeking an interlocutory injunction and subsequently having to proceed to full trial.
For further information on this topic please contact Alistair Payne or Noreen Howard at Matheson Ormsby Prentice by telephone (+353 1 232 2000) or by fax (+353 1 232 3333) or by email (email@example.com or firstname.lastname@example.org).
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