A party may apply to have a trial split into parts– called split trials or modular trials. This is usually in order to save costs or to avoid inconveniencing witnesses. The most common application is for liability to be determined before quantum or the Statute of Limitations to be determined before the other issues. In […]
The Financial Services Ombudsman
Introduction The office of the financial services ombudsman (hereinafter FSO) was created by the Central Bank and Financial Services Authority of Ireland Act 2004, which inserted sections into the Central Bank Act 1942 (hereinafter the Act of 1942). Some prerequesites for a claim are:- A claim can only brought by a consumer, which is defined […]
Objective Grounds Justifying the Renewal of Fixed Term Contract
Section 9 of the Protection of Employees (Fixed Term Workers Act) 2003 (hereinafter FTWA) provides inter alia that an employer cannot have two or more fixed term contracts where the aggregate duration is greater than four years unless there are objective grounds for the renewal. Otherwise it will be read as a contract of indefinite […]
Insolvency of defined benefit pension schemes
Introduction Defined benefit schemes (hereinafter DB schemes) provide members with retirement and death benefits based on formulae set out in the rules of the scheme. Benefits are often based on a member’s salary at retirement age and on his or her pensionable service. The pension benefit under a DB scheme are often for a lump […]
Key defences in construction law cases
Construction litigation is complex. Not only are lawyers heavily reliant on expert reports, but there are legal defences that will be raised, which must be overcome before those reports even become relevant. Firstly, it might be argued that the claim is statute barred. Proceedings are often issued after 6 years of the building works having […]
When an employee joins the competition
Where an employee leaves to compete against the employer there are four possible causes of action the employer could seek to rely upon. Firstly, the employer might point to a restrictive covenant and seek to enforce that. Secondly, the employer might seek to rely on a confidentiality clause in the contract of employment. Thirdly, the […]
