UK Legislation in Ireland

godtabh

I work for a UK company in Ireland.

I was going through some documents and noticed that a lot of the documents are based on UK law.

I probably know the answer to this question already but I assume UK law is not enforceable in Ireland?

The background is (and which I'm not asking for legal advise) is that clients have signed documents that reference UK law which is worrying to me!

Dublinensis

IIRC, Irish law allows for contracts made in Ireland to specify that they are to be governed by the law of another jurisdiction.

godtabh

Dublinensis wrote: »

IIRC, Irish law allows for contracts made in Ireland to specify that they are to be governed by the law of another jurisdiction.

I would assume it would have to state that?

I find it interesting (and maybe a bit arrogant) that a UK company doesnt get or understand that Ireland is a different jurisdiction.

For example our bike to work scheme is done under UK version (which I have been told means I cant get it in Ireland!)

Dublinensis

godtabh wrote: »

I would assume it would have to state that?

Yes, in what is known as a "choice of law clause". There can also be "jurisdiction clauses" which provide that disputes arising under the contract are to be heard by a specified non-Irish court or by an arbitrator.

So if a contract is made in Ireland and states that it is to be governed by the law of England and Wales but does not state what court is to hear disputes arising under it, then if a dispute arises it will be heard by an Irish court applying the law of England and Wales. But the contract may also state that disputes arising under it should be heard by the courts of England and Wales, in which case an Irish court would refuse to adjudicate on any such dispute.

A quick Google reveals this short article on the topic.

Edit: Note that for choice of law purposes, the UK is not one jurisdiction but three: E&W, Scotland, and NI, as each of those three areas has its own legal system and court system (even though the UK is not technically federal).

godtabh

Thanks.

Clearly what has happened is that the Irish company has copied and pasted UK documents with out regards to the contents. So everything I am looking at refers to UK law without "choice of law clause" that I can see.

That's not to say it isnt covered off else where but I'd be worried if I ever had to try and enforce it. The worse thing is, is that my company has been in Ireland for about 40 years. They should know better!

How does an Irish court apply the law of England and Wales? Will read the link now encase it is covered now.

Dublinensis

godtabh wrote: »

Thanks.

Clearly what has happened is that the Irish company has copied and pasted UK documents with out regards to the contents. So everything I am looking at refers to UK law without "choice of law clause" that I can see.

That's not to say it isnt covered off else where but I'd be worried if I ever had to try and enforce it. The worse thing is, is that my company has been in Ireland for about 40 years. They should know better!

How does an Irish court apply the law of England and Wales? Will read the link now encase it is covered now.

As best it can I suppose. For procedural purposes, what the foreign law is is treated as a question of fact rather than as a question of law (i.e. Irish law). So you are allowed to call expert witnesses on the law of the foreign jurisdiction (although the law of E&W is pretty similar to Irish law anyway). Applying it can sometimes get hideously complicated though, e.g. the infamous "doctrine of renvoi" which can lead to infinite loops.

I studied this whole area last year but for any more detail I'd have to dredge up my notes. It's called "conflicts of laws" or sometimes "private international law" if you want to look it up.

godtabh

Very interesting topic.

Victor

In a consumer situation, might the consumer have some protection from the / a business's jurisdiction shopping?

godtabh

Victor wrote: »

In a consumer situation, might the consumer have some protection from the / a business's jurisdiction shopping?

It's business to business and these documents cover fees and appointments

johnnyskeleton

godtabh wrote: »

How does an Irish court apply the law of England and Wales? Will read the link now encase it is covered now.

Theoretically, a Mexican company can enter a contract with an Iranian company with an Irish exclusive jurisdiction clause and be governed by Indonesian contract law.

But in reality people only put those things in because they sound clever. Don't think you can get around statutory rights so employment law and consumer contracts can't require you to sue in the High Court of Swaziland.

Peregrinus

godtabh wrote: »

Thanks.

Clearly what has happened is that the Irish company has copied and pasted UK documents with out regards to the contents. So everything I am looking at refers to UK law without "choice of law clause" that I can see.

That's not to say it isnt covered off else where but I'd be worried if I ever had to try and enforce it. The worse thing is, is that my company has been in Ireland for about 40 years. They should know better!

How does an Irish court apply the law of England and Wales? Will read the link now encase it is covered now.

The courts are going to interpret the document to give effect to the parties intentions, but not in a way that excludes Irish law contrary to public policy.

So, for example, if you have a contract which says "the employer will provide the employee with a bicycle on the terms of the Providing Workers with Bicycles Act 2004 (UK)", then the courts will say, right, you have to provide a bicycle on those terms, even if that might have, say, tax consequences in Ireland that it wouldn't have in the UK.

But if the contract says "we can dismiss you on the minimum notice permitted under the Firing Workers Act 2008 (UK)", the Irish courts will say that you have to give at least the minimum notice required under Irish law, even if that is longer than the UK law would require, because employers and employees cannot contract out of Irish employment standards.

Victor

Marginally related situation: http://www.irishtimes.com/business/ryanair-says-woman-s-delay-claim-must-go-through-irish-courts-1.2901632

Fred Swanson

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Peregrinus

Fred Swanson wrote: »

This post has been deleted.

Nothing, in principal. It's not unusual, in a big engineering project, to provide that disputes will be arbitrated in Hong Kong (where there is a large pool of international construction/engineering arbitral expertise and experience).

But if you put such a clause into a consumer contract, you'd have to get around any unfair contract terms legislation in the jurisdiction in which you were doing business, and even in the absence of such legislation you'd have to persuade the courts that the term was lawful and that the other party had accepted it and was bound by it. The courts would not look on your position with a kindly eye.