By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Contract law, Property, Specific performance
Roche v. Leacy [2012] IEHC 96
(High Court, Laffoy J, 29 February 2012)
High Court grants order of specific performance of contract for sale of lands.
Contract law – specific performance – contract for sale – compromise of proceedings commenced by way of vendor and purchaser summons – lis pendens – failure to comply with completion notice – counterclaim for return of deposit – whether notice More
By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Company law, Contract law
Stapleton v. Doran [2011] IEHC 528
(High Court, Hogan J, 20 February 2011)
High Court grants declaration that a payment of €300,000 made by the plaintiff to the defendant was a personal loan and fell to be repaid.
Contract law – payment of money from plaintiff to defendant – whether money was loan to defendant or loan to company or consideration for purchase of shares in company – lack of documentary evidence – intention of the parties – fundamental More
By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Contract law, Practice and procedure
Malone v. Allison [2012] IEHC 87
(High Court, Laffoy J, 27 February 2012)
High Court finds that plaintiff had no cause of action against defendant and grants declaration that proceedings were bound to fail.
Contract law – application to dismiss claim for failure to disclose cause of action – claim alleging illegality of contract – whether contract void – whether interest rate excessive – misrepresentation – settlement of earlier proceedings – prior undertaking by defendant to hold More
By Ciaran Joyce BL in Northern Ireland High Court, Treacy J No Comments Tags: Assessment of damages, Contract law, Costs
Young -v- Hamilton [2012] NICh 4
(High Court of Northern Ireland, Treacy J, 24 February 2012)
Northern Irish High Court reduces damages and penalises plaintiff as to costs costs in contractual misrepresentation case.
Contact for sale – misrepresentation – Sale of site – quantum and costs arising from the Court’s earlier judgment – exorbitant claim in respect of matters which were plainly the mistake of the plaintiff – excessive and manifestly unjustifiable More
By Mark Tottenham BL in McKechnie J No Comments Tags: Contract law, Mortgages
Marlan Homes Ltd v. Walsh [2012] IESC 23
(Supreme Court, McKechnie J (nem diss), 30 March 2012)
Supreme Court allows appeal from decision of High Court (Clarke J), and holds that property owners were not in breach of contract with investors.
Contractual interpretation – sale / lease of lands – mortgage facilities – whether fundamental breach of agreement -entitlement to rescind – registered land – conferral of exclusive licence on subject lands – agreement for lease – contractual More
By Mark Tottenham BL in Hedigan J No Comments Tags: Contract law, Employment Law
Lichters v. Depfa Bank PLC [2012] IEHC 10
(High Court, Hedigan J, 18 January 2012)
High Court dismisses claim by former employees for judgment arising from cash bonus incentive scheme. (Full text.)
Employment – contract – claims for cash bonus – cash bonus plan in place “to incentivise performance” – discretion on employer as to who was to receive bonus – separate deferred stock plan – deferred cash scheme – requirement that More
By Mark Tottenham BL in Ryan J No Comments Tags: Contract law, Summary judgment
Irish Life and Permanent PLC v. Hudson [2012] IEHC 11
(High Court, Ryan J, 13 January 2012)
High Court grants summary judgment to bank in respect of mortgages for buy-to-let properties. (Full text.)
Claim for summary judgment – debt of over €2 million – whether real or bona fide defence – alleged representation by agent that mortgages were non-recourse, interest only, entirely dependent on assets covered by mortgages and that private More
By Mark Tottenham BL in Charleton J No Comments Tags: Contract law, Summary judgment
Bank of Scotland PLC v. Shovlin [2012] IEHC 35
(High Court, Charleton J, 23 February 2012)
High Court grants summary judgment against certain defendants in respect of loan to fund sale and leaseback agreement. (Full text.)
Summary judgment – loan agreement – loan to fund purchase of bank headquarters to lease back to bank – whether bona fide defence – error in summary summons in relation to claim for interest – whether claim should be More
By Mark Tottenham BL in Charleton J No Comments Tags: Contract law, Limitation of actions
Donnelly v. Woods [2012] IEHC 26
(High Court, Charleton J, 26 January 2012)
High Court dismisses claim for remuneration for financial and consultancy advice on grounds that it was statute-barred and that the plaintiff had been amply remunerated already. (Full text.)
Contract law – alleged agreement for remuneration for financial and consultancy services – 10% profit on sale of development lands – quantum meruit – claim of interest in land – whether claim statute barred – whether More
By Mark Tottenham BL in Charleton J No Comments Tags: Commercial Court, Contract law, Practice and procedure
Weavering Macro Fixed Income Fund Ltd v. PNC Global Investment Servicing [Europe] Ltd [2012] IEHC 25
(High Court, Charleton J, 26 January 2012)
High Court grants order for modular hearing of substantial Commercial Court action. (Full text.)
Commercial Court – application for modular hearing – estimated 64 days of hearing – estimated costs of €5.6 million for defendant alone – suggested issued for hearing: scope of action; when causes of action occurred; whether More