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September 21, 2023

September Issue of Irish Employment Law Update Now Live

The September issue of Irish Employment Law Update is now live for subscribers of Irish Employment Law.

In this month's edition, Paul Kilraine BL writes about the case of Ray O’Sullivan v The Health Service Executive. This is a major decision in Irish employment law, as the principle in Braganza has been unanimously accepted. This means that where a decision is being taken pursuant to a contractual term, that involves discretion on the part of the decision maker, it will need to be reasonable, taking into account all relevant matters and excluding all irrelevant matters. 

Key words:

[2023] IESC 11 – 10 May 2023 ‒ Mr Justice Donal O’Donnell CJ ‒ Ms Justice Elizabeth Dunne

‒ Mr Justice Seamus Woulfe

Health Act 1970, s 24; Local Government Act 1941, s 86; Suspension; Rowland v An Post [2017] 1 IR 355; Corbally v Medical Council & Ors [2015] 2 IR 304; Quirke v Bord Luthcleas na hÉireann [1988] IR 83; Deegan v The Minister for Finance [2000] 11 ELR 190; Earley v HSE [2015] IEHC 520; Sweeney v Duggan [1997] 2 ILRM 211; Flynn v An Post [1987] IR 68 Meridian Communications Ltd v Eircell Ltd [2002] 1 IR 17; Morgan v TCD [2003] 3 IR 157 The Governor and Company of the Bank Of Ireland v Reilly [2015] IEHC 241; Braganza v BP Shipping and anor [2015] 1 WLR 1661; Socimer International Bank Ltd v Standard Bank London Ltd [2008] Bus. LR 1304

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September 21, 2023

Busy Practitioner (September 2023)

The September update to Busy Practitioner is now live for subscribers.

September 20, 2023

Bloomsbury Cyber Law Briefing September 2023

The September issue of the Bloomsbury Cyber Law Briefing is now available for subscribers. 

September 18, 2023

No Conflict of Interest for Receiver to Act as Agent of Borrower in Sale of Land

M & J Duddy Developments Ltd v Everyday Finance DAC [2023] IEHC 510 (High Court, High Court (General), Ireland - High Court, Stack J, 22 August 2023)

The High Court refused to grant injunction restraining a receiver from selling lands belonging to a borrower, on the grounds that it was not a conflict of interest for a receiver to be appointed agent of a borrower, and no fair issue had been established.

Borrower seeking to restrain sale by defendants of lands pending the trial ‒ lands relate to residential development ‒ held in three parcels, two registered one unregistered ‒ plenary summons claims damages for misrepresentation, slander of title, trespass, breach of constitutional rights, negligence ‒ no statement of claim delivered ‒ plaintiff's case was effectively second defendant cannot act as agent of Everyday while he stood appointed receiver, in which capacity he was deemed by Clause (3) of the relevant mortgage and charges to be the agent of the plaintiff borrower ‒ defendants said there was no fair question to be tried as to whether the receiver can act as such at the same time as he is appointed agent of Everyday ‒ court considers whether fair issue to be tried ‒ court found that decision in Vitgeson was binding ‒ court found there were no conflicts on the facts of the case ‒ plaintiff failed to establish a fair issue to be tried ‒ injunction must be refused.

September 18, 2023

Tax Planning for Farm and Land Diversification 2023

The 2023 update to Tax Planning for Farm and Land Diversification is now live for subscribers.

September 14, 2023

September Edition of Irish Property Law Update Now Online

The September issue of Irish Property Law Update by Professor John Wylie is now live for subscribers to Irish Property Law with the latest updates on:

The monthly update of Irish property law developments written by Professor Wylie is exclusively for subscribers of the Bloomsbury Professional Irish Property Law Service. Each update contains commentary on relevant new cases, legislation, and Law Society practice notes and forms. The updates are set out under the relevant headings of the titles and chapters in the property law service together with links to the related content.

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