By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Practice and procedure, Solicitors
Coleman v. O’Neill [2012] IEHC 112
(High Court, Murphy J, 8 March 2012)
High Court grants order dismissing claim against financial institution for failure to disclose cause of action and abuse of process.
Claim for alleged negligence on part of financial organisation – application to dismiss claim – prospect of success – abuse of process – allegations of fraud and misfeasance of public office – plaintiff elected as director of credit union and More
By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Assessment of damages, Construction law, Nuisance
Geraghty v. Galway County Council [2011] IEHC 524
(High Court, Murphy J, 13 October 2011)
High Court assesses losses arising from structural damage to buildings at €26,000 for first plaintiff and €97,417 for second plaintiff.
Assessment of damages – consequential loss – taking of evidence on commission – termination of tenancy because of building works – evidence of auctioneer – evidence of market rent – rent with and without benefit of a publican’s license – More
By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Charities, Probate law
In Re Estate of O’Flynn; Marren v. Masonic Havens Ltd [2011] IEHC 525
(High Court, Murphy J, 11 November 2011)
High Court admits extrinsic evidence to conclude that a bequest by a testatrix was intended to benefit an organisation providing sheltered housing.
Probate – bequest to charity – cy-pres scheme – whether will demonstrated general charitable intent – charity providing sheltered housing – bequest to “The Haven, Blackrock” – whether bequest intended to benefit “The Haven” in Monkstown, Co More
By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Practice and procedure, Property
McHugh v. McHugh [2012] IEHC 75
(High Court, Murphy J, 10 February 2012)
High Court grants order dismissing plaintiff’s claim to set aside transfer of lands for lack of locus standi and inordinate and inexcusable delay of 14 years.
Application to dismiss action – claim for order to set aside transfer – action comprising claim to prove will – delay – abuse of process – transfer of lands in 1990 – proceedings commenced in 2004 – whether inordinate or inexcusable delay – More
By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Intellectual property
Cremin v. Ecoplus Ltd [2012] IEHC 82
(High Court, Murphy J, 13 March 2012)
High Court grants declaration that plaintiff’s central heating patent had been infringed.
Intellectual property – patents – whether patent infringed – Irish Patent No. 1 264 146 (the central heating patent) – disclosure of technical drawings during takeover process – offer to purchase withdrawn – later registration of patent No. S83184 “the More
By Mark Tottenham BL in Murphy J No Comments Tags: Personal injuries
Folan v. Ó Corraoin [2011] IEHC 487
(High Court, Murphy J, 16 November 2011)
High Court dismisses claim for personal injuries after plaintiff gave false and misleading evidence. (Full text.)
Personal injuries – injury in course of employment – fall from scaffold landing on back – soft tissue injuries and disc abnormalities – application for direction at close of plaintiff’s evidence – lack of corroboration of circumstances of plaintiff’s More
By Mark Tottenham BL in Murphy J 2 Comments Tags: Costs
Geraghty v. Galway County Council [2011] IEHC 447
(High Court, Murphy J, 30 November 2011)
High Court refuses to award costs to first defendant in respect of certain consequential losses, where “Calderbank letter” offered higher sum. (Full text.)
Costs of action – “Calderbank” letter – “without prejudice save as to costs” – award higher than offer in letter – SI 12 / 2008 – O 99 – offer made in respect of consequential losses suffered by one plaintiff – award of consequential losses lower than sum offered.
Denis Moynihan v. Markland Holdings Limited and Cantier Construction Limited [2004] I.E.H.C. 406
Calderbank v. Calderbank [1976] 2 All E.R. 333
Calderbank v. Calderbank [1976] Fam. Law Case
By Mark Tottenham BL in Murphy J No Comments Tags: Guarantees, Practice and procedure, Summary judgment
Danske Bank v. Rockridge Developments Ltd [2011] IEHC 426
(High Court, Murphy J, 17 November 2011)
High Court orders defendants to reply to certain particulars and to provide discovery. (Full text.)
Particulars of pleadings – discovery – guarantees – application for summary judgment – claims as against guarantors – defence of limited security – defence of More
By Mark Tottenham BL in Murphy J No Comments Tags: Banking law, Company law
In Re Ellen Construction Ltd; Wallace v. Fortune [2011] IEHC 430
(High Court, Murphy J, 23 August 2011)
High Court: a) grants direction that bank had not released its security over lands and premises; b) confirms the valid appointment of the receiver; and c) directs the respondents to delivery up possession of the relevant properties. (Full text.)
Application for directions – company in receivership – s 316, Companies Act 1963 – whether bank had released its security over lands and premises – whether receiver validly appointed – application that More
By Mark Tottenham BL in Murphy J No Comments Tags: Defamation, Human rights, Injunction
Mercury Engineering v. McCool Controls and Engineering Ltd [2011] IEHC 425
(High Court, Murphy J, 19 July 2011)
High Court refuses to grant interlocutory injunction restraining publication of allegedly defamatory material. (Full text.)
Publication of information concerning plaintiffs – interlocutory application – claim for damages for defamation, inducement and conspiracy – construction of airport terminal – subcontractors – supply and installation of building More