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As published in the Law Society Gazette, October 2017  The decision of the European Court of Justice in Sweetman v An Bord Pleanála has had major implications for development in Ireland. Tara O’Connor goes to the waters and the wild.    “…when I try to imagine a faultless love Or the life to come, what […]

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As published in the September 2017 issue of the Public Sector Magazine. Steve Cummins talks to Anne Bateman, a partner with commercial law firm Philip Lee, about the important evolution in data protection obligations. If you had told the people of Clonee, Co Meath or Athenry, Co Galway, a decade ago that future job growth […]

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The first budget of Pascal Donoghue was released this afternoon.  In this brief update we outline the key measures as announced and are likely to affect our clients. As always, the devil will be in the detail and particularly some of the measures outlined below will require greater detail in the Finance Bill which we […]

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This Constitutional law challenge relates to an application to lift the automatic suspension under the Remedies Regulations which was heard before Mr. Justice Twomey in July of this year.   Background Facts Beckman Coulter Diagnostics Limited (“Beckman”) is the incumbent service provider of a blood science laboratory at Beaumont Hospital. Beaumont Hospital ran a tender […]

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Following on from the implementation of the Concessions Directive (2014/23/EU) into Irish law in May of this year (see previous Philip Lee update), corresponding concession remedies regulations (the European Union (Award of Concession Contracts) (Review Procedures) Regulations 2017) were published in July (S.I. No. 326 of 2017). These new concession remedies regulations effectively mirror the […]

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The Technology and Construction Court, one of the Senior Courts of England and Wales that regularly hears complex public procurement cases, has issued new guidance (“the Guidance Note”) on how public procurement claims should be managed both prior to the commencement of litigation and after the commencement of litigation. The Guidance Note is available for […]

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In February of this year, the High Court held that the plaintiffs in an EU public procurement process were required to pursue their claim by way of proceedings initiated pursuant to Order 84A of the Rules of the Superior Courts (“RSC”).  It was held that even if the claim is one for breach of contract […]

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The interplay between a discovery application and an application to lift the automatic suspension is a topic which regularly features in procurement litigation. It was given detailed consideration in the recent decision of Alstom Transport UK Limited v London Underground Limited. By proceedings commenced on 11 May 2017, Alstom Transport UK Limited, (Alstom) sought to […]

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The Government’s Action Plan for Housing and Homelessness – Rebuilding Ireland was published on 19th July 2016 (the “Action Plan”). The overarching aim of the Action Plan is to significantly increase the supply of social and private housing by providing 25,000 new housing units per annum and 47,000 social housing units by 2021. In this […]

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Safety, Health and Welfare at Work (Reporting of Accidents and Dangerous Occurrences) Regulations 2016 (“the Reporting Regulations”) The Reporting Regulations were introduced recently with little fanfare but are worth flagging. They have updated the position on the reporting of accidents and dangerous occurrences at work. The Safety, Health and Welfare at Work Act 2005 defined […]

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