Litigation, Dispute Resolution and Investigations
COLLECTIVE LITIGATION
On 11 July 2023, the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (Act) was signed into law.
The Act, once commenced, will introduce a civil litigation mechanism through which representative actions can be brought by a qualified entity on behalf of consumers for alleged infringement of their rights under relevant enactments. These enactments traverse a range of industries including financial services, travel and tourism, data protection, energy, telecommunications, environment, life sciences, healthcare and aviation. Secondary legislation is awaited to clarify the practical operation of aspects of the Act.
Further information is available here.
LOBBYING
The Regulation of Lobbying and Oireachtas (Allowances to Members) (Amendment) Act 2023 was enacted on 22 June 2023 paving the way for the reform of lobbying laws in Ireland through an expansion of the definition of lobbying, improvements to the functioning of the lobbying register functions and the enhancement of the enforcement regime to address the so-called ‘revolving door’ practice whereby former Office Holders and Designated Public Officials take up lobbying roles in the private sector shortly after leaving those positions.
The Act will be commenced on a phased basis in 2024. Further information is available here.
THIRD PARTY FUNDING
On 5 July 2023, the Courts and Civil Law (Miscellaneous Provisions) Act 2023 was signed into law by the President of Ireland. Once commenced, the Act will amend the Arbitration Act 2010 and permit third-party funding of commercial arbitrations which fall within the scope of section 5A of the Arbitration Act 2010 (as amended).
This development takes place against the backdrop of a broader policy review of the Irish position regarding third party funding of litigation which is not currently permitted in Ireland, save for limited exceptions.
The Law Reform Commission published a consultation paper seeking submissions from interested parties on third-party funding in July 2023 and is due to publish its recommendations on this policy issue in 2024.
Further information is available here.
DEFAMATION
Ireland is on the threshold of a significant overhaul of its defamation laws following the publication of the General Scheme of the Defamation (Amendment) Bill in March 2023.
The Houses of the Oireachtas Joint Committee on Justice published a Report on Pre Legislative Scrutiny of the General Scheme of the Defamation (Amendment) Bill in September 2023, challenging several positions outlined in the General Scheme which will need to be considered in the drafting of the Defamation (Amendment) Bill. The publication of the Defamation (Amendment) Bill is anticipated in early 2024.
Further information is available here.
ENFORCEMENT OF FOREIGN JUDGMENTS
The Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (2019 Hague Judgments Convention) came into effect as between the EU (excluding Denmark) and Ukraine on 1 September 2023. On the same date, Uruguay also became a Contracting Party to the 2019 Hague Judgments Convention which will enter force for Uruguay on 1 October 2024.
Costa Rica, Israel, Russia, United States, Montenegro & North Macedonia have signed but not yet ratified the instrument. The UK has signalled that it will move to sign the 2019 Hague Judgments Convention.
The European Union (Hague Judgment Convention) Regulations 2023 gave effect to the 2019 Hague Judgments Convention under Irish law.