Legal News (Litigation & Dispute Resolution)

In the case of McFeely v Official Assignee in Bankruptcy [2017] IECA 21 (“McFeely”) the Court of Appeal considered the High Court judgment of Costello J where she had acceded to an application by the Official Assignee in Bankrupty to extend the period of Mr McFeely’s bankrupty on a number of grounds.

The question of when interest accumulates, and the rate at which it accumulates, on disputed sums in court proceedings can be very important, particularly where the disputed sum is significant.

In recent years the backlog of High Court litigation has increased significantly. Two new statutory instruments, effective from 1 October 2016, aim to tackle the backlog by introducing major changes to the rules for trial conduct and case management.

Since 2004, the Commercial Court has had the power to adjourn proceedings so the parties can engage in Alternative Dispute Resolution (ADR). This power to refer matters to ADR, with the consent of both parties, was extended to all High Court cases. The courts have taken the view that ADR should be explored by the parties as a suitable alternative to litigation where appropriate.

The Court of Appeal has confirmed that internet service providers in Ireland must help in targeting copyright infringers.