The headline from the recent decision in
Gravity
Construction Limited v Total Highway Maintenance
Limited
[2021] IEHC 19
(
Gravity ) was that for the
first time the Irish High Court handed down judgment concerning the
enforcement of an adjudicator s decision awarded pursuant to
the Construction Contracts Act 2013. The decision was also
significant for the Court s examination of the normal rule that
costs follow the event and the considerations
that are to be taken into account by a court under s.169 of the
Legal Services Regulation Act 2015 (the
LSRA
2015 ).
In
Grimes v. Punchestown Developments Company
Limited [2002] 4 IR 515, Denham J. (as she then was)
stated that the
The Act of 19 December 2020
1 implementing the
Budget Act 2021 introduced into the Insurance Contract
Act
2 a new provision to secure the outcome of insurance
policies underwritten by UK insurers post-Brexit.
By amending Article 2 of the act,
3 the legislature
relieved any doubt as to the validity of insurance contracts in the
event that:
an EEA or third-country insurance undertaking loses its
approval to carry out direct insurance operations in Luxembourg
while retaining its authorisation in its home state; and
a contract has been validly issued or renewed by an undertaking
authorised to work in Luxembourg under the freedom of establishment
or the freedom to provide services at the time of issue or renewal
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The year 2020 was one that will not be soon forgotten, even though many of us may wish to forget! There were many interesting issues and bright spots involving R&D, innovation and IP.
Summary
Whether prosecuting or defending litigation, the associated
costs can be, and often are, significant. Any comfort that
might be drawn from the possibility of recovering an element of
those costs from the losing adversary may be qualified by the risk
of that losing party ultimately being unable to pay. For
those reasons, applying for security for costs, by which a party is
ordered to make a payment into court, or provide some form of
guarantee, as security for its opponent s costs, will be a
consideration for many litigants, and litigators, at some stage in
the life of a claim.