Can a UK based solicitor take a case in Ireland?

hometruths

If I am resident in Ireland and need a solicitor to act for me in dispute with a company based in Ireland is it possible for a UK solicitor to act on my behalf?

I ask because I used to live in UK, am familiar with a good solicitor there and would prefer someone who has no connections here!

Thanks!

Pro Hoc Vice

The UK has 3 distinct legal jurisdictions while "England and Wales" and NI are very similar there can be huge differences in legidlation and some differences in case law with the ROI also no written constitution can have an effect. Scotland has a totally different legal system to the others and would be issues.

A Solicitor in say Englsnd and Wales can only act in Ireland if on the roll of solicitors but can if it's suitable brief a barrister directly in ireland.

To be honest unless the solicitor has practiced in ROI then they are taking a huge amount of work on to progress a case in ireland. You will find solicitors in all jurisdictions that are on the roll here and that practice on a regular basis. I would guess a number of NI solicitirs are on roll in ROI.

Bepolite

I agree with the above, however, Company Law and Contract Law are going to be almost identical employment law is quite different. This is assuming you mean England and Wales when you say UK.

The practicalities of it though. Do you really want to be paying for an English solicitor to be flying backwards and forwards to Ireland?

john.han

Bepolite wrote: »

I agree with the above, however, Company Law and Contract Law are going to be almost identical employment law is quite different. This is assuming you mean England and Wales when you say UK.

The practicalities of it though. Do you really want to be paying for an English solicitor to be flying backwards and forwards to Ireland?

Irish company law has some very significant differences, rules on company borrowings is a good example. Employment law is relatively similar if you ask me, a lot of it based on our European obligations and the English EAT decisions are regularly cited.

Bepolite

john.han wrote: »

Irish company law has some very significant differences, rules on company borrowings is a good example. Employment law is relatively similar if you ask me, a lot of it based on our European obligations and the English EAT decisions are regularly cited.

I defer to your knowledge on the Company side but the Constitution and Irish Administrative law play a huge part in Irish employment procedure at the very least imho.

One should also bear in mind the various differences the English employment law has from the European norms, not being signed up to the working time directive being one.

conorh91

I agree with Bepolite. It seems universally acknowledged that the Irish legislature has drawn heavily on English company law, at least in terms of the 1963 Act.

Have no idea about similarities in employment law, although given the parallels between employment and contract, it's unsurprising that similarities exist.

It's unrealistic to deny the many parallels between English and Irish law in general.

I'm still at a loss to understand why anyone would hire an English solicitor for an Irish action, though. They would have to be pretty spectacular.

Bepolite

conorh91 wrote: »

I'm still at a loss to understand why anyone would hire an English solicitor for an Irish action, though.

Never underestimate the pulling-power of a good jolly

Pat Mustard

schmittel wrote: »

If I am resident in Ireland and need a solicitor to act for me in dispute with a company based in Ireland is it possible for a UK solicitor to act on my behalf?

I ask because I used to live in UK, am familiar with a good solicitor there and would prefer someone who has no connections here!

Thanks!

This is not a smart alec answer, but your solicitor should be able to answer your question himself. If he doesn't know the answer immediately, he can find out from the Law Society of Ireland, who issue practising certificates to solicitors in this country.

Marcusm

conorh91 wrote: »

I agree with Bepolite. It seems universally acknowledged that the Irish legislature has drawn heavily on English company law, at least in terms of the 1963 Act.

The divergence since then has been quite dramatic in certain areas and particularly in relation to some of the matters which can give rise to offences. The entire reenactment of UK companies law in 2006 has only served to copperfasten that; I have had the (dis)pleasesure of solicitors in both countries blithely making assumptions about the companies law of the other state which has resulted in significant issues.

john.han

Bepolite wrote: »

I defer to your knowledge on the Company side but the Constitution and Irish Administrative law play a huge part in Irish employment procedure at the very least imho.

One should also bear in mind the various differences the English employment law has from the European norms, not being signed up to the working time directive being one.

? Eh, they have legislation giving that effect, plus in certain circumstances directives have direct effect do they not?

Bepolite

john.han wrote: »

? Eh, they have legislation giving that effect, plus in certain circumstances directives have direct effect do they not?

Sorry I'm referring to the way you seeme to be able to opt out of it in the UK. Please don't make my head hurt again with indirect-direct effect or what ever its called

Marcusm

Bepolite wrote: »

Sorry I'm referring to the way you seeme to be able to opt out of it in the UK. Please don't make my head hurt again with indirect-direct effect or what ever its called

You commented on this in another thread too; theUK negotiated a derogation from the social chapter of the Maastricht treaty under which the EWTD derives it's validity. The validity of the opt out has never been tested, to my knowledge.

Claw Hammer

Litigatio procedures are different in Ireland. It is not easy for an English solicitor to run a case since he won't know what the Irish procedures are.
Does he know where to file the papers?, what papers to file and have prepared, what jurisdiction to take the case in, how the listing procedures for motions and hearings work, what the rules on discovery and inspection of documents are?

Differences and similarities in law are only a small element of the difficulties a lawyer from outside the jurisdiction would face in trying to operate here.

Bepolite

Marcusm wrote: »

You commented on this in another thread too; theUK negotiated a derogation from the social chapter of the Maastricht treaty under which the EWTD derives it's validity. The validity of the opt out has never been tested, to my knowledge.

Sorry to derail the thread but it's my understanding there is no option to opt out in Ireland. The opt out in the UK seems to be to simply copperfasten the fact that they are opted out anyway - or so I thought.

Marcusm

Bepolite wrote: »

Sorry to derail the thread but it's my understanding there is no option to opt out in Ireland. The opt out in the UK seems to be to simply copperfasten the fact that they are opted out anyway - or so I thought.

Having looked at it further, art 22 of the directive permits any of the member states to legislate for an opt out procedure. Apparently 15 member states gave opt out laws.