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1 month ago | 
mondaq.com | Aaron Boyle |Joanelle O'Cleirigh |Peter Woods |Ciara Dooley
The European Commission set out its plan to increase sustainableand resilient production in Europe and to pursue competitivenessand decarbonisation, in a Clean Industrial Deal and an Action Plan for Affordable Energy. One of the areas earmarked for change is public procurement law. The Commission will make a proposal to revise the PublicProcurement Framework. It describes the action as 'revision ofPublic Procurement Directives to mainstream the use of non-pricecriteria', to be done by Q4 2026.
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1 month ago | 
mondaq.com | Karen Killoran |Shane O'Neill |Maeve Crockett |Ciara Dooley
AC Arthur Cox More Arthur Cox is one of Ireland’s leading law firms. For almost 100 years, we have been at the forefront of developments in the legal profession in Ireland. Our practice encompasses all aspects of corporate and business law. The firm has offices in Dublin, Belfast, London, New York and Silicon Valley.
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1 month ago | 
lexology.com | Aaron Boyle |Joanelle O'Cleirigh |Peter Woods |Ciara Dooley |Sarah Galvin |Edel Curry | +1 more
The European Commission set out its plan to increase sustainable and resilient production in Europe and to pursue competitiveness and decarbonisation, in a Clean Industrial Deal and an Action Plan for Affordable Energy. One of the areas earmarked for change is public procurement law. The Commission will make a proposal to revise the Public Procurement Framework. It describes the action as ‘revision of Public Procurement Directives to mainstream the use of non-price criteria’, to be done by Q4 2026.
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1 month ago | 
lexology.com | Karen Killoran |Shane O’Neill |Maeve Crockett |Ciara Dooley |Thompson Barry Doherty |Sarah Galvin | +4 more
The High Court in Ireland addressed interest for late payment in adjudication decisions in a judgment in Finnegan Contracts Ltd v Killycard Developments Ltd [2024] IEHC 752. The proceedings concerned an application to enforce an adjudicator’s decision. The Court was satisfied that there was nothing in the procedural history or substance of the decision to prevent the Court from granting an enforcement order.
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2 months ago | 
mondaq.com | Aaron Boyle |Joanelle O'Cleirigh |Peter Woods |Ciara Dooley
In Killaree Lighting Services Limited("applicant") v Mayo County Council("respondent") and Electric SkylineLimited ("notice party"), the Court ofAppeal ([2025] IECA 7) largely upheld the HighCourt's conclusions ([2024] IEHC 79), albeit with points ofdifference, notably on the impact of the failure to send astandstill letter. The background was that the respondent raised concerns that theapplicant's tender included abnormally low amounts.
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Sep 2, 2024 | 
mondaq.com | Karen Killoran |Niamh McGovern |Maeve Crockett |Ciara Dooley
The rules around energy management systems and energy audits are
being changed by the Recast Energy Efficiency Directive.
The previous Directive required that enterprises that are not
small and medium-sized enterprises
("SMEs") are subject to an energy audit
at least every four years. This was transposed in Irish law such
that applicability is assessed on the basis of the size of the
company formed under Irish law, rather than any wider group company
structure in which the Irish company sits.
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May 13, 2024 | 
mondaq.com | Vanessa Lomoro |Niamh McGovern |Maeve Crockett |Ciara Dooley
In Gembira Ltd ("plaintiff") v
Amtrust Europe Ltd ("defendant") [2024] IEHC 188, a construction contract
between the plaintiff and a contractor was terminated when an
interim examiner was appointed to the contractor. The plaintiff
applied for summary judgment in an amount of €1,360,735
pursuant to a performance bond issued in 2017.
The contract was an amended RIAI form of contract.
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May 7, 2024 | 
lexology.com | Niav O'Higgins |Karen Killoran |Niamh McGovern |Maeve Crockett |Shane O’Neill |Ciara Dooley | +7 more
The Court has again given support to adjudication by granting leave to enforce an adjudication decision in McGill Construction Ltd (“referring party”) v Blue Whisp Ltd (“respondent”) [2024] IEHC 205, rejecting four grounds of opposition.
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Aug 28, 2023 | 
lexology.com | Niav O'Higgins |Karen Killoran |Niamh McGovern |Maeve Crockett |Shane O’neill |Ciara Dooley | +10 more
The High Court in Ireland has given guidance on how applications to judicially review the decision of an adjudicator, while the adjudication process is ongoing, will be treated. In K&J Townmore Construction Ltd v Damien Keogh and Deslend (Mechanical) Ltd t/a Cobec Engineering Group [2023] IEHC 509, an adjudicator was appointed to resolve a payment dispute under a sub-contract between the contractor and sub-contractor.
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Aug 17, 2023 | 
lexology.com | Niav O'Higgins |Karen Killoran |Niamh McGovern |Maeve Crockett |Shane O’neill |Ciara Dooley | +9 more
In the latest judgment enforcing adjudication decisions, the High Court emphasised that it is not its role to “be drawn into a detailed examination of the underlying merits of the adjudicator’s decision under the guise of identifying a breach of fair procedures ”. The Court again also reminded practitioners to be alert to differences between the Irish and UK statutory schemes.
