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Articles by April McClements
Irish High Court Confirms It Can Order Parties To Mediate In Litigation Proceedings
April McClements’s articles from Matheson are most popular: within Litigation and Mediation & Arbitration topic(s) in United States with readers working within the Media & Information industries Matheson are most popular: within Litigation, Mediation & Arbitration, Antitrust/Competition Law and Intellectual Property topic(s) This is the first time an Irish court has ordered parties in a non-personal injuries case to mediate their dispute, and follows the approach recently taken by the courts...
Irish High Court Compels Disclosure Of Litigation Funding Arrangements
Matheson are most popular: within Immigration, Antitrust/Competition Law and Privacy topic(s) The court said funding for litigation from a party who already has an interest in the litigation (ie a shareholder or creditor of the plaintiff) would not require a disclosure order.
Cross-border Litigation – Recent Irish Court Guidance On Jurisdictional Rules
Julie Murphy-O'Connor’s articles from Matheson are most popular: in European Union in European Union in European Union Matheson are most popular: within Immigration, Antitrust/Competition Law and Privacy topic(s) Three recent decisions of the Irish courts provide helpful guidance with regard to the rules governing jurisdiction and “service out” for proceedings involving co-defendants located across multiple jurisdictions: Power v Telia Company AB & Ors [2025] IESC 55 (Supreme Court);...
Consumer Insurance Contracts Act 2019: What Section 18(4) Means For Insurers In Ireland
April McClements’s articles from Matheson are most popular: with readers working within the Media & Information and Retail & Leisure industries Matheson are most popular: within Immigration, Antitrust/Competition Law, Government and Public Sector topic(s) The final section of the Consumer Insurance Contracts Act 2019 (“CICA”) was commenced on 13 May 2026. Insurers should review their consumer policy wordings and claims processes to ensure that they remain CICA compliant.
Supreme Court Confirms “no Foal, No Fee” Arrangements Are Not Champertous
Matheson are most popular: within Immigration, Antitrust/Competition Law, Government and Public Sector topic(s) In a significant decision concerning the funding of litigation in Ireland, the Supreme Court in Howley v McClean; Howley v Howard [2026] IESC 34 clarified the legality of “conditional uplift” fees and “no foal, no fee” arrangements, in the context of a tax debt recovery action by the Revenue Commissioners.
ICC Arbitration Rules 2026: What Businesses Need To Know
April McClements’s articles from Matheson are most popular: with readers working within the Retail & Leisure industries Matheson are most popular: within Immigration topic(s) The International Chamber of Commerce (ICC) has introduced a effective from 1 June 2026. The new rules aim to enhance efficiency, clarity and usability to meet the changing needs of parties, reflect the evolution of arbitration practice and changing technological landscape.
No Second Bite: High Court Confirms FSPO Decisions Cannot Be Re-litigated
The Irish High Court has recently reiterated that the doctrine of res judicata applies to legally binding decisions by the Financial Services and Pensions Ombudsman (“FSPO”) and precludes parties from re-litigating an adjudicated complaint before the courts.
Insurance & Reinsurance 2024
1.1 Which government bodies/agencies regulate insurance (and reinsurance) companies? The Central Bank of Ireland (the "Central Bank") is responsible for the authorisation of and has primary responsibility for the prudential supervision and regulation of insurance and reinsurance undertakings in Ireland.
Legislation Permitting Third-Party Funding Of Arbitration Enacted
Third-party funding of international commercial arbitration is now explicitly permitted in Ireland. Certain Supreme Court judgments had previously cast doubt on the status of third-party funding in Ireland (as discussed in our previous insight on this topic here). However, the position has now been placed on a firm statutory footing following the signature into law by the President of the Courts and Civil Law (Miscellaneous Provisions) Act 2023Opens in new window (the "Act") on 5 July 2023.
Third-party Funding of International Arbitration- Draft Rules Published
Third-party funding of international commercial arbitration in Ireland was put in question following Supreme Court judgments that third-party funding of Irish court proceedings remains unlawful. This question looks set to be answered to confirm that the prohibition on third-party funding does not apply to international commercial arbitration. This is a significant step forward to clarify the position of third- party funding for international commercial arbitration in Ireland.
The Insurability Of GDPR Fines
The introduction of the General Data Protection Regulation (EU) 2016/679 (GDPR) has raised data protection to a board level issue, as companies are faced with potentially vast fines in the event of an infringement of the GDPR. This level of focus has also led to an increase in the take up of cyber insurance policies. As the first fines are imposed across Europe, a question will now be asked of insurance companies: are GDPR fines actually insurable?
Insurance dispute resolution in Ireland | Lexology
Ireland
November 4 2019 All questions Dispute resolution i Jurisdiction, choice of law and arbitration clauses Any dispute arising under an insurance or reinsurance contract that contains an arbitration clause must be referred to arbitration. If court proceedings are brought and there is an arbitration agreement, the proceedings may be stayed in favour of arbitration.
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.
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).
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.
Motor Insurers Successfully Defend Discrimination Claims Before the WRC
Throughout 2016, motor insurers were the subject of a number of complaints to the Workplace Relations Commission (the “WRC”)(1) allegeing that quotes provided for motor insurance were discriminatory on the grounds of race, contrary to the Equal Status Acts 2000 – 2015 (the “Acts”). The basis for these complaints was that customers who held EU driving licences (i.e. non-Irish driving licences), received higher quotations than they would have received had they held an Irish driving licence.
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