COVID-19 Hub

 

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Litigation

 

Below is a list of Litigation & Dispute Resolution materials related to COVID-19.

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COVID-19 Tactical Measures – Security for Costs and the Existence of Special Circumstances – Part 2

As mentioned in Part 1 of this two-part series, it is thought that there will be an upsurge in litigation due to COVID-19 related disputes. Defendants may take the strategic step of making a security for costs application to overcome claims they believe to be unmeritorious. A plaintiff may try to circumvent this by establishing, on a prima facie basis, that special circumstances exist. Part 2 will look at some other types of special circumstances that were recently considered by the High Court and Court of Appeal. Read more here...


Insurance Industry Faces Emerging Litigation Threat

The insurance industry is facing increased uncertainty and risk arising from COVID-19. We explore the increased likelihood of claims and potential litigation arising from government enforced closures of businesses and risks related to the phased return to work. Read more here...


ODCE Issues Guidance for Directors Affected by COVID-19 Pandemic

The ODCE has issued welcome guidance for directors concerned about restriction proceedings due to the COVID-19 pandemic. Read more here...


Over the Rainbow. High Court Orders Twitter to Disclose Information About Parody Account

The High Court has ordered Twitter to reveal the identity of whomever is behind a parody account, after accepting arguments of allegedly abusive and damaging social media posts targeting a courier business. Read more here...

 

COVID-19 Tactical Measures – Security for Costs and the Existence of Special Circumstances – Part 1

Security for costs applications may become a more prominent feature of litigation due to future Covid-19 related disputes.  This two-part series of articles focuses on recent High Court and Court of Appeal decisions that address how a plaintiff may overcome a defendant's security for costs application. Read more here...

COVID 19 – An Inadvertent Moratorium on Forfeiture?

We consider the impact of the Emergency Measures in Public Interest (COVID-19) Act 2020 on commercial tenancies and whether it has created an inadvertent freeze on forfeiture in the sector? Read more here...


Regulatory Flexibility - Key Measures to Support Availability of Medicines and Medical Devices During COVID-19

The COVID-19 pandemic has propelled the healthcare and life sciences industries into uncharted territory. We explore the flexibility of regulators at a national and European level enabling accelerated approval of pharmaceuticals and medical devices so that demand emanating from this global health crisis can be met.  Read more here...


COVID-19: Protecting Your Business From Cybercriminals

This article discusses the rise in cybercrime activities since the outbreak of COVID-19. It assesses the types of attacks institutions should be aware of and which are increasing in scope and scale. Read more here...


COVID-19: The Key Question for Sport – to Cancel or to Postpone?

Sporting Competitions are faced with the unprecedented situation of being postponed indefinitely due to COVID-19. We consider the main legal considerations for competition organisers, including the approaches taken by the Premier League, Wimbledon and the Tokyo 2020 Olympics. Read more here...


COVID-19: Encouraging Remote Mediation as an Alternative to Litigation

Remote mediation ensures that disputes can still be resolved despite fewer court sittings. Read more here...


Does a Closed Court Office mean a Closed Case?  COVID-19 and the Statute of Limitations.

Time continues to tick for the Statute of Limitations during COVID-19. In this article we consider previous guidance from the High Court and what might be next in terms of legislative change. Read more here...


COVID-19: Injunctive Relief During the Current Crisis

This article discusses a recent High Court order concerning an ex-parte application for an interim injunction arising out of circumstances related to the COVID-19 crisis. Read more here...


Playback on our Legal Perspective Live Webinar

Derek Hegarty, Catherine O’Flynn and Paddy Murphy joined Rob Hartnett of Sport for Business for a special live webinar on 'Sport, Sponsorship and COVID-19 from a legal perspective' on Tuesday 7 April. Watch the webinar here...


COVID-19: Temporary Wage Subsidy Scheme – Insolvency Considerations

There have been some recent welcome clarifications about certain provisions of the Government's temporary wage subsidy. Read more here...


COVID-19: Remote Trials To be Tested

Further welcome developments to ensure the courts continue to operate during the Coronavirus outbreak. Read more here...


COVID-19: Remote Swearing of Affidavits – Changes Ahead?

This article looks at whether remote swearing is permitted in Ireland in light of the COVID-19 pandemic and what can be done to address the issue of swearing affidavits while adhering to the Government's social distancing guidelines. Read more here...


Force Majeure – a Sledgehammer to Crack a Nut?

A good business relationship may take years to establish. Once the global Coronavirus crisis ends, businesses will want to return to normal as soon as possible. We consider alternative options to resolve contractual issues while maintaining the business relationship. Read more here...


COVID-19: The Doctrine of Frustration

We consider whether the doctrine of frustration may provide a resolution where the performance of a contract is affected due to effects of the Coronavirus pandemic. Read more here...


Implementation of EU Medical Device Regulation May Face Delay

The European Commission has announced that it is working on a proposal to postpone the date of application of the Medical Device Regulation (MDR) which had been due to make wide-sweeping changes to the regulatory framework for medical devices. Read more here...


Compulsory Licences on the Horizon for Drugs and Equipment?

As concerns grow globally about the availability of certain drugs and equipment in the midst of the COVID-19 pandemic will we see other governments follow Israel and start to issue compulsory licences? Read more here...


COVID-19: Can Trials Conducted via Video-Link Maintain Business Continuity for the Courts?

As courts close and trials are adjourned due to Coronavirus, we consider the impact this may have on the Courts Service of Ireland business continuity and whether video-link technology may offer an alternative means for the provision of justice. Read more here...


COVID-19: Practical Considerations for both Landlords and Tenants 

There are challenging times ahead for landlords and tenants of commercial property.  What are 
the challenges and does a commercial lease provide any answers? Read more here...
 

Force Majeure Clauses: Contracting Against the Coronavirus

Practical advice concerning whether companies can rely on force majeure clauses to remedy a breach of contract if their business is affected by Coronavirus and alternatively, what they should do if faced with a force majeure claim against them? Read more here...
 

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