Litigation & Dispute Resolution in Ireland
Litigation in Ireland
Ireland is a common law jurisdiction. Cases are determined by reference to precedents and legislation. Depending on the quantum or type of dispute various jurisdictions and courts may apply. In the more senior courts Barristers will be engaged who are experts and court advocates specializing in particular areas of law.
Alternative Dispute Resolution
Of course the first legal recourse is not, and should never be, to the courts. At Hatstone (Ireland) LLP we will attempt in the first instance to resolve the matter by way of negotiation, or if unsuccessful mediation or arbitration.
Court applications and litigation are effectively an adversarial system where there has to be by a party who is successful and a party who is unsuccessful. It is a fact that all litigation carries risk.
Hears disputes generally up to €15,000 and lower criminal offences.
Hears disputes generally up to €75,000 and the central criminal court hearings more serious criminal matters.
Hears disputes of unlimited quantum and in more complex cases such as judicial review is the first court that may be consulted.
Court of Appeal
It is the first appeal court from the High Court and will hear appeals in the ordinary course.
This is the highest Court in Ireland and will hear matters of constitutional importance and other important legal precedents.
Types of Litigation
As well as operating a general litigation practice our practitioners have developed expertise in particular areas of legal disputes.
- Business organisational disputes
- Construction Disputes
- Contract Disputes
- Complex Litigation
- Corporate and commercial litigation
- Debt collection and Enforcement
- Employment Law
- Intellectual Property
- Judicial Review Applications
- Land use/property disputes
- Landlord/Tenant Disputes
- Planning Law
- Property Disputes
- Tax Litigation
- Technology Disputes
- General Data Protection Regulations
The Litigation Process
The normal stages of a litigation are as follows
- Correspondence to see if the matter can be resolved
- If there is no resolution a letter before action is issued
- If there is no satisfactory resolution then formal proceedings will issue
- Normally the matter will sought to be negotiated, narrowed or settled but if it continues to be contested a Defence will be received
- The parties may raise particulars or interrogatories
- Discovery is sought if required
- The matter is set down for trial and heard.
- Judgment is delivered and enforced if required
The litigation solicitors at Hatstone (Ireland) LLP know how important it is to promptly find a solution for your dispute.
There are exceptions to the above general procedure where certain matters may be subject to alternative process such as special summons, summary summons, judicial review or where injunctions may be required.
Suing Personally in Ireland
Certain actions such as family law or criminal law matters only apply to persons who may be sued in their own names.
Suing through a limited company in Ireland
One of the consequences of setting up a limited company (incorporation) is that the company has a separate legal identity and can sue and be sued in its own name.
In very many respects, the laws of civil litigation as it applies to companies are the same as with people. In many other respects, however, the laws, practices and procedures applicable to cases taken by or taken against companies can differ markedly to those applicable to individuals or partnerships. Here are some questions/issues that you need to consider before you sue a company:
- Who is the proper person to sue (The Defendant) where a company is wronged?
- Who has authority to institute proceedings by a company?
- How do you serve your proceedings on a company?
- How does a company make an appearance in court?
- How do you enforce judgments and orders of the courts against a company?
Costs of Litigation
By law all solicitors must send you a document which sets out the costs of legal services and in particular litigation services. Hatstone (Ireland) LLP will always be transparent in relation to costs. Costs are guided by the following factors.
- Complexity of the case
- Urgency applications such as judicial review, short return motions or injunctions
- The jurisdiction that applies
We act for persons, businesses and institutional clients. If you, your businesses, or your organisations is involved in a dispute and considering litigation, the solicitors at Hatstone (Ireland) LLP can assist you. Our solicitors draw on a deep well of trial-tested experience and resources to protect your interests and fight for the best possible outcome in your case.