Gilligan J

Will declared void for uncertainty.

By Mark Tottenham BL in Gilligan J No Comments Tags:

In Re Estate of O’Donohue; O’Donohue v. O’Donohue [2011] IEHC 511
(High Court, Gilligan J, 1 December 2011)

High Court holds that will was invalid due to uncertainty of its provision, and because it was witnessed by proposed beneficiaries, and declares that purported testator died intestate. (Full text.)

Probate – interpretation of will – will prepared without legal advice – lack of revocation clause – whether previous will revoked by implication – intention of testator – ambiguities in will – use of term “family” – approach of court in More

Obligation on employer to provide work was key component of contract of service.

By Mark Tottenham BL in Gilligan J No Comments Tags: ,

Brightwater Selection (Ireland) Ltd v. Minister for Social and Family Affairs [2011] IEHC 510
(High Court, Gilligan J, 27 July 2011)

High Court, on appeal from Social Welfare Appeals Officer, holds that officer failed to give proper consideration to mutuality of obligation in assessing contract of service, and remits matter for reconsideration. (Full text.)

Employment – PRSI – appeal on point of law from Social Welfare Appeals officer – whether contract of service or contract for services – agency worker – employment as accountant with university through agency – s 9, Social Welfare More

Discovery granted in trademark infringement action.

By Mark Tottenham BL in Gilligan J No Comments Tags: , ,

Bayerische Moteren Werke (BMW) Aktiengesellschaft v. Ronayne [2011] IEHC 509
(High Court, Gilligan J, 14 December 2011)

High Court grants discovery of documents and audio recordings relating to radio campaign in action for infringement of trademark. (Full text.)

Intellectual property – trademark – application for discovery – s. 18, Trademarks Act 1996 – Art 102, Council Regulations 207/2009 – infringement of trademark –  use of name “BMWCare” – documents evidencing use of name – documents and More

Mortgage taken out to save company was not a fraudulent preference.

By Mark Tottenham BL in Gilligan J No Comments Tags:

In Re O’Connors Nenagh Shopping Centre Ltd; Fitzpatrick v. O’Connor [2011] IEHC 508
(High Court, Gilligan J, 14 December 2011)

High Court refuses application by liquidator to have a mortgage declared a fraudulent preference. (Full text.)

Company law – application by liquidator for declaration that mortgage void – alleged fraudulent preference – s 286, Companies Act 1963 (as amended) – preference over other creditors – knowledge of directors and bank that company More

HSE not obliged to continue care for Congolese girl who reached age of 18.

By Mark Tottenham BL in Gilligan J No Comments Tags: , ,

Enguye v. Health Services Executive [2011] IEHC 507
(High Court, Gilligan J, 26 October 2011)

High Court refuses judicial review of HSE’s decision to cease care for unsuccessful asylum seeker on reaching age of 18. (Full text.)

Judicial review – child care – Congolese child in care of HSE reaching age of 18 – cessation of HSE’s care for applicant – whether HSE obliged to consider aftercare needs of applicant – relocation of applicant from Dublin to Galway against More

Ryanair Ltd -v- Unister GMBH – Disclosure of information, user of web site

By Mark Tottenham BL in Gilligan J No Comments Tags: ,

Ryanair Ltd -v- Unister GMBH [2011] IEHC 167 (Gilligan J, 22 March 2011)

High Court grants order that the first-named defendant disclose information concerning a third party service provider that uses plaintiff’s web site, referred to in an affidavit filed by the defendant. (Full text.)

Application for disclosure of information – “third party provider” referred to in defendant’s affidavit – access of web site for purpose of selling flights – web site’s “terms of use” – prohibition on other party selling plaintiff’s flights – breach of contract – Article 5(1) of the Brussels I Regulation – challenge of jurisdiction of Irish courts – Norwich Pharmacal Order.

EMI Records v. Eircom[2005] 4 I.R. 148
Ryanair Ltd v. BravoflyLtd and Travel Fusion Ltd [2009] IEHC 41

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