High Court Clarifies Law on Dismissal of Cases for Delay
The High Court has clarified the law on dismissal of claims for want of prosecution and/or delay
Garrett is Head of our Litigation & Investigations department.
Garrett Breen is a seasoned commercial litigator with a breadth of experience representing clients in large, novel, complex and multi-jurisdictional litigation, particularly in the Commercial Division of the Irish High Court as well as before the Court of Justice of the European Union (CJEU). He is regularly asked to advise clients who appear before specialist Tribunals and Commissions of Inquiry, in Ireland and abroad.
Garrett represents clients in financial services litigation and advises financial services firms and individuals who are subject to the Administrative Sanctions Procedures of the Irish Central Bank. In addition, he regularly advises professional advisors, including auditors and tax advisors on their statutory obligations and key regulatory decision-making processes.
For many years, Garrett has advised sector-specific regulators both within and outside Ireland, including having acted for ComReg the Irish telecoms regulator since its inception and currently acting for EirGrid the Irish Electricity Transmission Systems Operator (TSO).
Garrett has also had an extensive Intellectual Property litigation and advisory practice and has run many anti-counterfeiting campaigns in Ireland for well-known multinational brand holders such as Nike, Levi Strauss & Co. and Microsoft.
Garrett is Vice-Chairman of the Commercial Litigation Association of Ireland (CLAI) and is also a member of the Commercial Law Users Group (CLUG). He was a founding board member of the Irish Arbitration Association. As well as lecturing in Criminal Law he was a lecturer in the Law Society Law School on Intellectual Property and Anti-Counterfeiting matters. Garrett co-authored the textbook, Intellectual Property Law (Cavendish).
Significant cases Garrett has been involved in include representing:
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The High Court has clarified the law on dismissal of claims for want of prosecution and/or delay
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High Court admits correspondence into evidence, finding implicit threat overrides "without prejudice" privilege in litigation.
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Recent High Court rulings apply the Supreme Court’s refined Kirwan v Connors test, offering new guidance on dismissals for delay in litigation.
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The commencement of certain parts of the Gambling Regulation Act 2024 by the Minister for Justice on 5 March 2025 ushers in a new era for gambling ...
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Interests of justice dictate that further evidence should be adduced in respect of a forum non conveniens application.
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The High Court recently considered who should lead the confidentiality checks over data seized during a dawn raid.
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The recent judgment in Goode Concrete v CRH Plc, Roadstone Wood Limited and Kilsaran Concrete IEHC 189 provides useful guidance around application...
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Further welcome developments to ensure the courts continue to operate during the Coronavirus outbreak.
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A good business relationship may take years to establish. Once the global Coronavirus crisis ends, businesses will want to return to normal as soon...
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As courts close and trials are adjourned due to Coronavirus, we consider the impact this may have on the Courts Service of Ireland business continu...