Legal Literature

Unfair Contract Terms Directive, link

In this short Comment, Judge Max Barrett advocates placing the ex officio or own motion obligation on courts to assess the fairness of contractual terms under the Unfair Contract Terms Directive on a legislative footing in Ireland, along the lines of the UK Consumer Rights Act 2015.

Judge Max Barrett is a judge of the Irish High Court and is notable for giving the judgement in Allied Irish Banks PLC v. Counihan and Counihan [2016] IEHC 752, a leading case on own motion obligations in Irish law.