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Commercial Law2018-08-17T15:06:43+00:00

Commercial Law

Malcomson Law has a range of experience in the area of commercial law. We provide legal advice on all aspects of commercial litigation, company law and commercial property transactions.  We understand the pressures and deadlines of being in business. We also appreciate that time is of the essence in ensuring a successful outcome to litigation. We offer a range of services and advice to businesses which includes –

  • Commercial Litigation and Dispute Resolution
  • Employment Law
  • Shareholder & Investor Agreements
  • Distribution, IT, Intellectual Property and Civil Engineering Contracts and Agreements
  • Funding advice, Planning Law, Sale of Movable Assets, Environmental Impact Statements  and Succession Planning
  • Company Takeovers
  • Development of  Industrial Units, Office Blocks, Hotel and Leisure Developments.
  • Commercial Litigation

The Commercial Litigation Team advises on dispute resolution and taking cases to the Commercial Court.  The Commercial Court has been in existence since 2004 and has earned a reputation for a practical and no nonsense approach to commercial litigation. The most striking feature of the new Commercial Court is the speed with which a case can progress to a hearing date.

Key Features of the Commercial Court
A special application must be made to enter the commercial list and only certain cases will be admitted. The new court rules, define commercial proceedings, as proceedings in respect of a claim or counterclaim for damages where the value of that claim is not less than €1 million arising from or related to any one of a category of claims including the following:

  • A business contract or business dispute
  • The purchase or sale of commodities and export or imported of goods
  • The carriage of goods by land, sea or air
  • The exploitation of oil or gas reserves
  • Insurance or re-insurance
  • The provision of services but excluding medical, quasi-medical or dental services or any service provided under contract of employment
  • The operation of markets or exchanges in stock shares or other financial investment instruments.

A division of the High Court has been specifically set up to deal with commercial cases. The new rules of court are designed to give the commercial court maximum flexibility in the management and supervision of cases. The Commercial Court may decide to adjourn proceeding to facilitate mediation, conciliation or arbitration. There will also be an exchange of summaries of all evidence and expert reports in advance of the hearing.

We have a dedicated commercial litigation team and our offices are equipped with specialist IT equipment to facilitate:

  • Scanned and indexed documentation
  • The development of a searchable database of transcripts of evidence
  • Case mapping facilities in accordance with the standard applied by US law firms.

At Malcomson Law, we believe that the commercial court is an excellent forum in which to litigate complex litigation matters, which require expeditious decisions. The new court rules permit the commercial court to ensure that solicitors and counsel focus on proper drafting of pleadings allowing the court to make costs orders where there is a delay or default by any party in complying with a deadline.

The Court has discretion to award costs in relation to an unsuccessful interlocutory application whereas the practice generally in the High Court to date was to reserve costs in relation to such situations. If you would like to speak to one of our commercial law team, please phone 01 8744422 and a solicitor who specialises in commercial litigation will contact you to schedule an appointment.

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