Advertorial: Cross Border Litigation and the Importance of an All-Ireland Law Firm

The common travel area and proximity between Northern Ireland and the Republic of Ireland raises some very important questions in relation to jurisdiction and applicable law which has created a unique legal dynamic on the island of Ireland. This is particularly evident in the context of personal injury litigation, where jurisdictional issues often arise in relation to where proceedings should be issued. Under the Brussels 1 Regulations personal injury proceedings can be issued either where an accident happens or where a defendant resides.

Take, for example, someone who has been involved in a road traffic accident in Northern Ireland and the at fault party is resident in the Republic of Ireland. Many solicitors will simply issue proceedings in Northern Ireland as it may be seen as a more straightforward option. However, the level of damages payable to claimant’s is much higher in the Republic of Ireland and it is almost always more beneficial for claimants to issue proceedings there. Therefore, failure to advise your client of this may amount to a professional negligence claim against the instructing solicitor.

At PA Duffy and Company, we offer a range of services to solicitor’s and law firms, including expert advice on some of the common pitfalls involved in cross border litigation and the dangers of leaving yourself open to a professional negligence claim.

With offices in County Tyrone and Dublin PA Duffy and Company are uniquely placed to offer support and advise to solicitors on cross border issues, which are becoming more prominent in the context of Brexit. We believe in working with other solicitors toward a common goal and building relationships that are mutually beneficial.

Given the unique legal dynamic on the island of Ireland there is much to be gained from having knowledge of both distinct legal systems and being able to bring proceedings either side of the border. For more information or to discuss the Options available please contact PA Duffy & Co Solicitors.

Tel: 004428 877 22102 or email

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