Ireland—The relationship between Irish and English contract law


Produced in partnership with David Whelan BL of The Bar of Ireland and Arlene Walsh-Wallace BL of The Bar of Ireland
Practice notes

Ireland—The relationship between Irish and English contract law


Produced in partnership with David Whelan BL of The Bar of Ireland and Arlene Walsh-Wallace BL of The Bar of Ireland

Practice notes
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This Practice Note provides an overview of the general application and interpretation of English case law in Ireland and examples of where similar and divergent approaches have been taken in the two jurisdictions on issues of contract law. It also considers the impact of Irish and EU legislation and the Constitution of Ireland (Bunreacht na hÉireann) on the application of Irish contract law, before providing a brief overview of the civil court system.

Background to contract law in Ireland

Ireland was a part of the UK until 1922 and retained a common law legal system and much UK legislation post-independence. Jurisprudence in Irish courts today continues to mirror that of the English and Commonwealth courts. Ireland remains a committed member of the EU single market and the eurozone.

Irish and English contract law are broadly very similar. The same principles of contract formation, interpretation, performance, breach and enforcement apply in both jurisdictions.

The civil court system

All contract law

David Whelan
David Whelan, BL

Barrister, The Bar of Ireland

David was called to the Bar of Ireland in 2005 and has been in continuous practice since 2006.
 
David specialises in corporate and commercial law, banking, finance and securities, insolvency, aviation, insurance, company law, and the law of defamation.
 
David is regularly briefed to appear as leading counsel at each level of the Superior Courts, and practices primarily in the Commercial, Chancery, and Non-Jury divisions of the High Court.

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Arlene Walsh-Wallace
Arlene Walsh-Wallace, BL

Barrister, The Bar of Ireland

Arlene is a graduate of Law and French at Trinity College Dublin, and has been a practising barrister in Ireland since 2020. She entered the Bar as a 2019 recipient of the Denham Fellowship, which aims to support aspiring barristers from socio-economically disadvantaged backgrounds to build their practice at the Bar.
 
Arlene has a particular interest in immigration and asylum law. She has recently completed an Advanced Diploma in Immigration and Asylum Law at Kings’ Inns as a recipient of the Immigration, Asylum and Citizenship Bar Association’s annual bursary, and is currently serving as a legal panel member at the International Protection Office (Department of Justice).

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Jurisdiction(s):
Ireland
Related legal acts:

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