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Articles by Aoife McCluskey
Class action procedure in Ireland | Lexology
All questions Procedure As mentioned above, multiparty litigation in Ireland may proceed by way of 'representative action' or 'test case'. There is no formal class action procedure in Ireland. A representative action arises where one claimant or defendant, with the same interest as a group of claimants or defendants in an action, institutes or defends proceedings on behalf of that group of claimants or defendants.
Recent class actions law developments in Ireland | Lexology
Ireland
October 10 2019 All questions The year in review Litigation funding is often considered in the context of multiparty litigation. As the law currently stands in Ireland, professional third-party funding is prohibited on the basis that it offends the rules of maintenance and champerty that exist under the Maintenance and Embracery Act (Ireland) 1634.
Regulation of litigation funding in Ireland | Lexology
Regulation Overview Is third-party litigation funding permitted? Is it commonly used? Third-party litigation funding is not generally permitted in Ireland. The maintenance and champerty rules exist under the Maintenance and Embracery Act (Ireland) 1634 and prohibit third-party funding by third parties who have no legitimate interest in the proceedings.
Insurance Litigation in Ireland | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Preliminary and jurisdictional considerations in insurance litigation Fora In what fora are insurance disputes litigated? In Ireland, the jurisdiction in which court proceedings are brought depends on the monetary value of the claim. The District Court deals with claims up to a value of €15,000 and the Circuit Court up to a value of €75,000 (€60,000 for personal injury cases).
Litigation Funding in Ireland | Lexology
Use the Lexology Getting The Deal Through tool to compare the answers in this article with those from other jurisdictions. Regulation Overview Is third-party litigation funding permitted? Is it commonly used? Third-party litigation funding is not generally permitted in Ireland. The maintenance and champerty rules exist under the Maintenance and Embracery Act (Ireland) 1634 and prohibit third-party funding by third parties who have no legitimate interest in the proceedings.
Representative Actions in Consumer Litigation: Dawn of a New Era? | Lexology
The European Commission (the “Commission”) has published a draft Directive[1] which, if implemented, would introduce, for the first time in Ireland, a style of class action litigation by consumers against corporates. This would increase litigation risk in Ireland for industry sectors which are subject to EU regulation in areas such as product liability, data protection, financial services, travel and tourism, energy, telecommunications and environment.
Fasten your seat belts: Driverless cars to rev up the insurance industry
Matheson’s April McClements and Aoife McCluskey discuss how Ireland’s insurance landscape will have to change as autonomous cars roll in. The era of driverless cars or fully autonomous vehicles (AVs) is near and will dramatically transform how we drive. The technology is well advanced and we already see automated features built into new cars such as automatic braking, adaptive cruise control and lane-drift prevention.
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