By Mark Tottenham BL in McGovern J No Comments Tags: Commercial Court, Intellectual property
Medinol Ltd v. Abbott Ireland [2012] IEHC 128
(High Court, McGovern J, 10 March 2011)
High Court dismisses claim that “coronary stents” manufactured by the defendants infringed the patent belonging to the plaintiff. (Full text.)
Intellectual property – patent – Commercial Court – alleged infringement – defences of obviousness, lack of novelty and added matter – coronary stents – “skilled person” (can be individual or team) – European Patent Convention (EPC) – More
By Mark Tottenham BL in McGovern J 1 Comment Tags: Financial regulation
De Paor v. Financial Services Ombudsman [2011] IEHC 483
(High Court, McGovern J, 20 December 2011)
High Court dismisses appeal from decision of Financial Services Ombudsman to award €850 in compensation for error by medical insurer. (Full text.)
Financial regulation – application to modify decision of Financial Services Ombudsman – s 57 CM(1) and (2), Financial Services Authority of Ireland Act 2004 – quantum of compensation – medical expenses insurance scheme – More
By Mark Tottenham BL in McGovern J No Comments Tags: Contract law
Danske Bank v. Durkan New Homes [2011] IEHC 325 (29 July 2011)
High Court (McGovern J) holds that defendants were entitled to limited recourse provisions in loan agreement. (Full text.)
Contract law – loan agreement – application for judgment – whether bank’s recourse limited to interest of borrowers in property – whether limited recourse provisions in agreement had been revoked.
Antaois Compania Naviera S.A. v. Salen Rederierna A.B. [1985] 1 A.C. 191
Analog Devices v. Zurich Insurance [2005] 2 ILRM 131
BNY Trust Company (Ireland) Ltd. and Ark Life Assurance Company Ltd. v. Treasury Holdings (Unreported, 5th July, 2007)
Reardon Smith Line Ltd. v. Yngevar Hansen-Tangen [1976] 1 W.L.R. 989
Minister for Communications v. M.W. [2010] 3 I.R. 1
By Mark Tottenham BL in McGovern J No Comments Tags: Limitation of actions, Personal injuries
McCoy v. Keating [2011] IEHC 260 (28 June 2011)
High Court (McGovern J) holds that plaintiffs’ claims for damages for nervous shock are statute-barred, on the grounds that they knew in the immediate aftermath of the accident that they had suffered a reaction, and prior to being diagnosed with PTSD. (Full text.)
Personal injuries – nervous shock – death of passenger in road traffic accident – claim by grandparents of deceased and deceased’s mother’s partner – whether claims statute-barred – s. 3(1), Statute of Limitations (Amendment) Act 1991 – date of knowledge – issue of personal injury summons after expiration of PIAB authorisation – whether plaintiffs knew they had suffered a significant injury – post-traumatic stress disorder.
Byrne v. Hudson [2008] 3 I.R. 106
Bolger v. O’Brien [1999] 2 I.R. 431
Whitely v. Minister for Defence and Ors. [1998] 4 I.R. 442
By Mark Tottenham BL in McGovern J No Comments Tags: Intellectual property
Medinol Ltd -v- Abbott Ireland [2011] IEHC 218 (27 May 2011)
High Court (McGovern J) holds that changes to patent application amount to “added matter”. (Full text.)
Patent – stents – “added matter” in application – test: “whether a skilled man would, upon looking at the amended specification, learn anything about the invention which he could not learn from the un-amended specification” – European Patent Convention – rule of comity to decisions of other courts.
Bonzel v. Intervention Ltd. (No. 3) [1991] R.P.C. 553
Vector Corp. v. Glatt Air Techniques Ltd. [2007] E.W.C.A. Civ. 805, [2008] R.P.C. 10
G1/93 Advanced Semiconductor Products/Limiting feature [1995] E.P.O.R. 97
Re Glaxo Group’s Patent [2009] I.E.H.C. 277
European Central Bank v. Document Security Systems [2007] E.W.H.C. 600 (PAT) (26th March, 2007)
Dr. Reddy’s v. Eli Lilly [2010] R.P.C. 9
T331/87 Houdaille/Removal of Feature [1991] E.P.O.R. 194
By Mark Tottenham BL in McGovern J No Comments Tags: Company law
Ryanair Ltd -v- Aer Lingus Group PLC [2011] IEHC 170 (McGovern J, 15 April 2011)
High Court refuses to grant declarations that the defendant was obliged to table certain draft resolutions at the companies annual general meeting. (Full text.)
Company law – annual general meeting – refusal of company to table draft resolution at AGM – s 133B, Companies Acts 1963-2010 – payment of dividend – Articles of Association – whether proposed resolution to pay dividend would circumvent the provisions of the Articles of Association – whether members had power to declare a dividend when the directors recommended no dividend – whether members entitled to make resolution at general meeting when the relevant power had been delegated to the directors.
Clarke v. Workman [1920] 1 I.R. 107
Automatic Self-Cleansing Filter Syndicate Co. v. Cuninghame [1906] 2 Ch. 34
Scott v. Scott [1943] 1 All. E.R. 582
By Mark Tottenham BL in McGovern J No Comments Tags: Assessment of damages, Negligence, Personal injuries
Murphy -v- County Galway Motor Club Ltd [2011] IEHC 135 (McGovern J, 6 April 2011)
High Court awards €199,166 to spectator who lost leg following accident at motor rally, assessing general damages at €200,000, special damages at €397,498, and reduced by one-third for contributory negligence. (Full text.)
Personal injuries – spectator at motor rally – amputation of leg – lacerations to hand and arm – negligence in organisation, conduct and supervision of rally – reasonable care for safety of spectators – whether area of accident hazardous – whether warnings should have been given – contributory negligence – regard to Book of Quantum – general damages – loss of earnings to date and into the future.
By Mark Tottenham BL in McGovern J No Comments Tags: Discovery, Judicial review
Viridian Power v. Commissioner for Energy Regulation [2011] IEHC 127 (McGovern J, 8 March 2011)
High Court refuses discovery in judicial review proceedings. (Full text.)
Judicial review – discovery – claim for certiorari of decision Commissioner for Energy Regulation – carbon levy – internal correspondence of Commissioner – whether exceptional circumstances such as would justify order of discovery – whether documents sought relevant or necessary to deal with matters in issue.
Carlow Kilkenny Radio Ltd. and Others v. Broadcasting Commission of Ireland [2003] I.R. 528
R. v. Secretary of State for Health ex parte Hackney London Borough(Unreported, English Court of Appeal, 24th July, 1994)
Shortt v. Dublin County Council [2003] 2 I.R. 69
By Mark Tottenham BL in McGovern J No Comments Tags: Summary judgment
ACC Bank Plc -v- Flynn & Anor [2010] IEHC 478 (McGovern J, 3 December 2010)
High Court grants judgment in the sum of €2,674,729.82, having found no bona fide defence.
Summary judgment – development of site – dispute over date moneys due to be repaid – alleged representation by bank that moneys to be repaid after development complete – whether agreement clear and unambiguous in its terms.
Aer Rianta c.p.t. v. Ryanair [2001] 4 I.R. 607
Harrisgrange Limited v. Dunkan [2003] 4 I.R. 1