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

Time extended to seek judicial review of costs decision of Taxing Master HSE v Taxing Master [2014]IEHC 297 (High Court, Birmingham J, 4 th June 2014) High Court refuses judicial review of decision of Taxing Master not to proceed with hearing where a previous ruling had been made, but extends time to seek a review of the original taxation matter subject to an undertaking that there would be no question of seeking to reopen matters dealt with by way of interim payments. Ciaran Joyce BL

Solicitors for defendant surgeon in medical negligence case permitted to come off record Moloney v Malhas [2014]IEHC 296 (High Court, Birmingham J, 4th June 2014) High Court grants leave to solicitors for the defendant in a cosmetic surgery negligence suit to come off record subject to an undertaking to reimburse the plaintiff in respect of outlay incurred, in circumstances where the defendant had died and there was little prospect of monies being recovered. Ciaran Joyce BL

Proceedings to challenge order for possession of lands were bound to fail Daire v The Wise Finance Company Ltd [2014]IEHC 271 (High Court, Baker J, 20 th May 2014) High Court refuses leave to commence fresh proceedings against defendants seeking to challenge the lawfulness of a High Court execution order for possession of certain lands – affirmed on appeal to the Supreme Court – on grounds that the operative date to calculate the running of time was the date of the Supreme Court decision. Ian Fitzharris BL

Failure of claim against receiver for conduct in disposal of properties Freeman v Bank of Scotland PLC [2014]IEHC 284 (High Court, McGovern J, 29 th May 2014) High Court, in a legal challenge against enforcement by defendant bank of a refinancing loan in default of some €1.4 million, dismisses claim for damages arising from the conduct of the bank’s receiver in its disposal of certain properties owned by the plaintiffs and offered up as security under the loan agreement. Ian Fitzharris BL

Delay by Financial Services Ombudsman in remitting complaint was excusable due to resource constraints O’Brien v Financial Services Ombudsman [2014]IEHC 268 (High Court, Hogan J, 7th May 2014) High Court rules that a 20-month delay by the office of the Financial Services Ombudsman in remitting a complaint for rehearing was not inexcusable, owing to the office’s significant resource constraints. Ian Fitzharris BL

The full text of each judgment is available on courts.ie Reports provided by Stare Decisis Hibernia, staredecisishibernia.com