Irish Legal System Case Study 2022

Running head: IRISH LEGAL SYSTEM
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IRISH LEGAL SYSTEM
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1IRISH LEGAL SYSTEM
Seminar 1: Alternative Dispute Resolution in Ireland
Arbitration, mediation, conciliation, and some others are alternative dispute resolutions in
Ireland. Arbitration and mediation, as discussed here as a dispute resolution method.
Arbitration
There are several procedures in this legal system to resolve disputes in some matters
without the interference of the court of law.1 The procedure of arbitration is one of those dispute
resolutions. One or more than one person has rendered the arbitration award after deciding the
dispute. This arbitration award has been binding to both of the parties, as well as it is enforceable
under the eye of law. This arbitration method of dispute resolution has been used for resolution
or determination of any commercial dispute. Especially, this method of determination is used for
the transactions of any international commerce.2 It can be voluntary when the parties want to
resolve their dispute by means of arbitration, as well as mandatory when any statute binds them
or any form of their business contract. Arbitration is the oldest form of such an Alternative
system of any resolution of the commercial dispute in Ireland. The use of such an arbitration
method has come from the Brehon laws in this territory. The independent or neutral party is
called as an Arbitrator who has helped to resolve that dispute.3 It is almost the same as any court
litigation. The parties should appoint an independent person as an arbitrator by such consent. The
1 Roche, William K. "The development of conflict resolution practices in Irish workplaces." (2016)
Administration 64.3-4: 61-89.
2 Blake, Susan Heather, Julie Browne, and Stuart Sime. A practical approach to alternative dispute
resolution. (Oxford University Press, 2016).
3 Donnellan, Laura. "Dispute resolution in Irish sport: the courts as reluctant interlopers." (2016)
ESLJ 14:1.

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arbitrator is obliged to keep the confidentiality of that disputed matter. This method is suitable
for almost every commercial dispute. Therefore, arbitration is a well acceptable dispute
resolution method as an Alternative Dispute Resolution (ADR) in the territory of Ireland.
Mediation
Mediation is an interactive, dynamic, and structure process in which an independent or
unbiased third party who has assisted in resolving the problem of disputing parties. This
unbiased third party is called the mediator.4 The mediator can resolve such disputes by using any
specified communication, as well as any negotiation technique. In the Alternative Dispute
Resolution (ADR), the system of mediation has become more preferable in the territory of
Ireland, as well as many other jurisdictions. This alternative method is immediate, as well as
imperative incorporation of these alternative methods.5 It is very vital for the rescue mission in
Ireland to avoid the congested situation in the court system. It can be said that Ireland is one of
the most litigious jurisdictions in this world. Mediation in this Ireland judicial system has been
widely recognized as an efficient and effective method to achieve a satisfactory consequence of
any dispute. In the case of Charlton vs. Kenny & another 2007, Clark J has encouraged in the
legal system to the disputing parties for successfully go for mediation, and it will preserve a
civilized relation among the parties to that dispute.6 National Asset Management Agency
4 McKenzie, Donna Margaret. "The role of mediation in resolving workplace relationship conflict."
(2015) International journal of law and psychiatry 39: 52-59.
5 Curran, Deridre. "Workplace Mediation in Ireland: Bridging the Research-Practice Gap." (2015) Journal
of Mediation & Applied Conflict Analysis 2.1: 175-186.
6 Charlton & Anor v Kenny & Anor | [2007] IEHC 308

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(NAMA) of Ireland is also going for mediation for any dispute between it and any other property
developer. The Law Reform Commission has also suggested mediation to avoid any unnecessary
bringing of a dispute. Therefore, mediation is an acceptable Alternative Dispute Resolution
(ADR) in Ireland.
Seminar 2: Tortious Liability in Ireland
Vicarious liability in Ireland
Vicarious liability is a secondary liability of a person, which has been arisen out of the
doctrines of common laws such as respondeat superior, the law of agency, and many others. It is
a responsibility of a superior for an act of his or her subordinates, such as an employer will be
liable for the act of his employee at the course of employment.7 In a border sense, it is an
obligation of a third party who has possessed an ability, duty, or right to control such an act of
the wrongdoer. Under the law of employment in Ireland, the employers will be vicariously liable
to wrongdoing, as well as for any omission of their employees. It should be noted here that the
occurrence of that wrongdoing should be done within the course of employment of that
employee. Such wrongdoings may arise from any harassment, bullying, defamation,
discriminatory behavior, of any violation of copyright. The Employment Equity Acts 1998 has
placed an initial liability of an employer for an act by his employees that is discriminatory.8 This
liability may arise when there is no knowledge about such an incident of the wrongdoing of his
employee. In the case of Lynch vs. Binnacle Limited t/a Cavan Co-Op Mart 2011, the Supreme
Court of Ireland has examined this doctrine of vicarious liability, as an employer will be liable
for an act of his employee during his course of employment.9
7 Gray, Anthony. Vicarious liability: critique and reform. (Bloomsbury Publishing, 2018).
8 Employment Equity Acts 1998
9 Lynch v Binnacle Ltd t/a Cavan Co-Op Mart [2011] IESC 8

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Concurrent liability
Concurrent liability arises when a wrongdoer when a defendant is guilty of either
contractual or tortious wrongdoing. There is a significant difference in an application of the
principles of tortious liabilities, as well as concurrent liability. In the case of Wellesley Partners
LLP vs. Withers LLP 2015, the guidelines for recovery of damages in any tortious claim, that is,
the remoteness that is normally comprehensive than in the contract may be restricted to a
position of contractual responsibility in circumstances of such a concurrent liability.10 Hamilton
CJ, in the case of Kennedy vs. AIB 1998, has endorsed that there is no restriction or objection in
virtue to the persons who are owing a contractual relationship, as well as remaining a duty under
the rule of tort law.11
In contrast to the concurrent liability in the UK laws, the Irish law does not make or
introduce any discoverability test for any physical damage. Section 11 of the Civil Liability Act
1961, has dealt with the liability of the concurrent wrongdoers.12 One or more than one persons
are liable for concurrent wrongdoing when all are accountable to a stranger or the third party.
The case of Henderson vs. Merrett Syndicates Ltd 1994, it has established such possibilities of
concurrent liability in contract, as well as tort.13
10 Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146
11 Kennedy v AIB [1998] 2 I.R. 48
12 Civil Liability Act 1961
13 Henderson v Merrett Syndicates Ltd [1994] UKHL 5

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Bibliography
Journals
Curran, Deridre. "Workplace Mediation in Ireland: Bridging the Research-Practice Gap."
(2015) Journal of Mediation & Applied Conflict Analysis 2.1: 175-186.
Donnellan, Laura. "Dispute resolution in Irish sport: the courts as reluctant interlopers." (2016)
ESLJ 14:1.
McKenzie, Donna Margaret. "The role of mediation in resolving workplace relationship
conflict." (2015) International journal of law and psychiatry 39: 52-59.
Roche, William K. "The development of conflict resolution practices in Irish
workplaces." (2016) Administration 64.3-4: 61-89.
Books
Blake, Susan Heather, Julie Browne, and Stuart Sime. A practical approach to alternative
dispute resolution. (Oxford University Press, 2016).
Gray, Anthony. Vicarious liability: critique and reform. (Bloomsbury Publishing, 2018).
Cases
Charlton & Anor v Kenny & Anor | [2007] IEHC 308
Henderson v Merrett Syndicates Ltd [1994] UKHL 5
Kennedy v AIB [1998] 2 I.R. 48
Lynch v Binnacle Ltd t/a Cavan Co-Op Mart [2011] IESC 8
Wellesley Partners LLP v Withers LLP [2015] EWCA Civ 1146
Legislation
Civil Liability Act 1961

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Employment Equity Acts 1998