This new edition provides those advising on the law with a comprehensive and definitive analysis of the limitation of actions and the time limits applicable to civil proceedings.

New to this Edition

• Coverage of recent significant judgments on property damage and economic loss claims.
• Limitation rules applicable to personal injuries actions continue to lead to significant litigation, including on "date of knowledge".
• Recent case law on the disability provisions relating to child sexual abuse claims; and judgments discussing the Assisted Decision-Making (Capacity) Act 2015.
• All recent case law on property cases is discussed.
• New sections deal with fraudulent conveyance claims under s.74(3) of the LCLRA 2009 and time limits for complaints to the FSPO.
• Judgments on unresolved limitation issues such as the limitation period for "shortfall claims", for the execution of judgments, and the question of when the contract period starts to run in loan and professional services claims.
• Recent judgments considering the constitutionality of several limitation provisions.
• Amendments to the 1957 Act, including for claims under the EU (Protection of Trade Secrets) Regulations 2018 and for damages claims under the Competition Act 2002.
• A replacement s.50 was substituted into the PIAB Act 2003 in 2019, considered by Butler J. in Ojewale v Kearns (2021, HC).
• Section 18 of the Mediation Act 2017 now provides for a limitation period to pause during the period of any mediation.
• The Criminal Injuries Compensation Scheme rules were amended in 2021, with a shorter time limit now applying to claims.
• Various limitation issues have led to judgments on the Athens Convention, Admiralty actions, Regulation (EC) 261/2004, and the Hague-Visby Rules.

About the Authors

Martin Canny BCL (Int), LLM (Comm-Law), Barrister-at-Law, is a practising barrister who specialises in the areas of chancery and commercial law.

Pre-emptive Remedies in Commercial Litigation provides a comprehensive guide to pre-trial remedies in Irish commercial litigation. It addresses a lacuna in current Irish legal titles and as such there is no competing work in print. Several of the remedies discussed within are already the individual subjects of legal titles however this work provides a one-stop, up-to-date point of reference for the busy legal practitioner.

This title provides the practitioner with a comprehensive and definitive analysis of pre-emptive judicial remedies available in Ireland, from the perspectives of both plaintiff and defendant commercial litigants.

Key features:

• An easy-to-understand reference that provides you with invaluable analysis and interpretation
• Provides for the first time a comprehensive guide to all pre-emptive commercial litigation remedies available in Ireland
• Includes all important case law and legislation
• Demonstrates the steps to take at the pre-trial stage to ensure that successful litigants are not left without an effective remedy