Clarke J (Frank)

Bingo hall conducted by agent of licensee was not unlawful.

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: , , , ,

Omega Leisure Ltd v. Superintendent Charles Barry [2012] IEHC 23
(High Court, Clarke J, 12 January 2012)

High Court: a) affirms prior declaratory orders to the effect that the conduct of a lottery was not unlawful by reason of the fact that it was conducted by an agent of the licensee and that “pongo” machines were not “gaming machines”; and b) dismisses claim against Garda of alleged misfeasance in public office. (Full text.)

Gaming and lotteries – misfeasance in public office – charities – plan to establish bingo hall – Gaming and Lotteries Act 1956 – agent of charitable organisations with the benefit of gaming licence – raid of premises – application for More

Plaintiff ordered to lodge €150,000 as initial security for costs.

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags:

Harlequin Property [SVG] Ltd v. O’Halloran [2012] IEHC 13
(High Court, Clarke J, 19 January 2012)

High Court orders €150,000 (inc VAT) to be lodged as security for costs, pending a later determination of the full costs likely to be incurred. (Full text.)

Contract law – construction – Commercial Court – level of security for costs – whether security to cover costs already incurred – whether security to take VAT into account – the “one-third rule” – 0 29, RSC – s 390, Companies Act 1963 – More

Former employees restrained from soliciting bank’s customers.

By Mark Tottenham BL in Clarke J (Frank) 2 Comments Tags: , , ,

AIB v. Diamond [2011] IEHC 505 (High Court, Clarke J, 14 October 2011)

High Court grants interlocutory injunctions restraining former employees of the plaintiffs from: a) soliciting customers of the plaintiffs; b) concluding business with said customers; or c) using confidential information in respect of said customers. (Full text.)

Banking – Commercial Court – application for interlocutory orders to restrain defendants from soliciting customers of the plaintiffs – preservation of confidential materials – “springboard injunctions” – measures designed to More

Court makes costs order following complex litigation.

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: ,

John Ronan and Sons v. Clean Build Ltd (No 3) [2011] IEHC 499
(High Court, Clarke J, 21 December 2011)

High Court makes costs order following complex litigation arising from polluted site. (Full text.)

Costs – three related actions – claims under Waste Management Acts – actions to prevent unlawful activities – involvement of local authority – costs of complex cases – identification of “event” – Order 99, rule 1 – joint and several liability – More

Solicitor liable for €1.4 million contribution arising from breach of undertaking.

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: ,

ACC Bank PLC v. Johnston (No 4) [2011] IEHC 501
(High Court, Clarke J, 9 December 2011)

High Court finds third party 70% liable for damage to plaintiff after breach of solicitors undertaking, and awards €1.4 million to defendant as contribution. (Full text.)

Contribution or indemnity – liability of defendant solicitor for closing sale in reliance on undertaking without consent of plaintiff – liability of third party for failure to comply with undertaking – s 21(2), Civil Liability Act 1961 – fault of More

“Polluter pays” principle entitles local authority to recover money spent on site.

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags:

John Ronan and Sons v. Clean Build Ltd (No 2) [2011] IEHC 498
(High Court, Clarke J, 1 December 2011)

High Court holds local authority entitled to recover monies expended on polluted site, but owner of site not so entitled. (Full text.)

Waste management – “polluter pays” principle – form of order arising from principal judgment – direction to remediate site – effect of bankruptcy on one relevant party – entitlement of local authority to seek recovery of monies expended More

Statement of claim struck out for failure to comply with High Court order.

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags:

IBB Internet Services Ltd v. Motorola Ltd [2011] IEHC 504
(High Court, Clarke J, 9 November 2011)

High Court strikes out statement of claim for failure to comply with order and gives leave to file new statement of claim. (Full text.)

Claim for breach of contract – provision of telecommunications network – failure to comply with order giving leave to deliver amended statement of claim – whether order restricted case that plaintiffs were entitled to make – whether amended More

Bank’s charge to company property took priority over creditor in occupation..

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags:

In Re HSS [2011] IEHC 497
(High Court, Clarke J, 28 October 2011)

High Court determines that receiver of company was entitled to possession of company property, and that bank’s charge took priority over creditor in occupation. (Full text.)

Company law – receivership – s 316, Companies Act 1963 – application for directions – whether receiver entitled to possession of properties belonging to company – registered legal charge over property – other creditor allowed into More

Bank fails in opposition to appointment of examiner to group of companies.

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags:

In Re McSweeney Dispensers 1 Ltd [2011] IEHC 494
(High Court, Clarke J, 21 December 2011)

High Court appoints examiner to group of companies, notwithstanding opposition from bank. (Full text.)

Company law – examinership – petition seeking appointment of examiner to group of companies – opposition from bank – intention of bank to appoint “trading receiver” to companies – purpose of examinership – whether for benefit of More

Local authority negligently stated that road was public right-of-way.

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: , ,

Walsh v. South Tipperary County Council [2011] IEHC 503
(High Court, Clarke J, 9 December 2011)

High Court awards €150,000 to purchasers of land who relied on letter from local authority stating that road was public right-of-way. (Full text.)

Public rights of way – negligent mis-statement / misrepresentation – letter issued by local authority in respect of right of way – mistake in letter – letter sent to vendor of land – reliance by purchasers on letter – error in transposing More

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