Judgments: Key cases in brief

A selection of recent court decisions

Mon, Jul 7, 2014, 12:33

Refusal of injunction to restrain debt purchase agreement in respect of disputed properties Tola Capital Management LLC v. Linders [2014]IEHC 316 (High Court, Cregan J, 5 th June 2014) High Court refuses application for interlocutory injunction seeking, inter alia, to restrain the defendants from completing a debt purchase agreement with bank in respect of properties the subject matter of these proceedings, otherwise than in trust for the plaintiff, on the grounds that the balance of convenience clearly favoured the refusal of the injunction sought. Damian Byrne BL

Man surrendered to UK despite claims he would potentially be exposed to unfair procedures Minister for Justice v Buckley [2014]IEHC 321 (High Court, Edwards J, 28th May 2014) High Court orders surrender of man to UK under European arrest warrant to face a charge of conspiracy to cause explosions, on the grounds that he had not established a real risk that he would be subjected to a flagrant denial of justice or exposed to practices or procedures which, if exercised within this State, would amount to infringements of his constitutional right to fair and just procedures. Ciaran Joyce BL

An Bord Pleanála failed to consider needs of cyclists and pedestrians Kerry County Council v An Bord Pleanála [2014]IEHC 238 (High Court, Charleton J, 11th April 2014) High Court, in judicial review proceedings, quashes a decision of An Bord Pleanála refusing permission for the widening and straightening of a road between Tralee and An Daingean on the basis that it failed to consider the needs of cyclists and pedestrians as required by the relevant legislation and, accordingly, remits the matter for further consideration. Conor O’Higgins BL

Summary judgment granted on foot of personal guarantees of debts of Northern Ireland company Northern Bank Ltd T/A Danske Bank v Quinn [2014]IEHC 310 (High Court, Hedigan J, 23rd June 2014) High Court grants summary judgment in the amount of £500,000, plus interest, on foot of personal guarantees of debts of a company registered in Northern Ireland, where no arguable defence had been raised to the proceedings. Damian Byrne BL

Custody resulting from reactivated suspended sentence was lawful McCabe v Governor of Mountjoy Prison [2014]IEHC 309 (High Court, Hogan J, 3rd June 2014) High Court refuses constitutional inquiry into detention, finding that the applicant’s detention was lawful in respect of the reactivation of a suspended sentence he received on appeal from the District Court in the Circuit Court. Ciaran Joyce BL

Building dispute referred to arbitration Feanmer v L&M Keating [2014]IEHC 295 (High Court, Ryan J, 4th June 2014) High Court accedes to application to refer building dispute to arbitration, finding that there were no features of the case that made the agreement to arbitrate incapable of being performed within the meaning of applicable arbitration law. Ciaran Joyce BL