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September 21, 2023
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
For more, you can purchase a subscription or to request a free trial, email bpireland@bloomsbury.com
September 18, 2023
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 14, 2023
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.
To sign up for a free trial of Irish Property Law or purchase a subscription to any of our legal and tax services, email bpireland@bloomsbury.com.
You're looking at 1–10 of 4317 items.