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Saturday, 11th October, 2025

Anti-suit injunction granted to protect Irish liquidation from conflicting Russian proceedings

By: Decisis
The High Court granted anti-suit injunctions in favour of joint liquidators of two companies to restrain a Russian state-owned entity from continuing legal proceedings in Russia that directly challenged and attempted to circumvent binding orders made by the Irish courts regarding the validity of certain pledge agreements and the ownership of valuable aircraft. The court found that the respondent, having fully submitted to the jurisdiction of the Irish courts by entering an unconditional appearance and seeking to participate as a creditor in the liquidation, was acting abusively and oppressively by pursuing inconsistent claims and orders in Russia. The orders were made solely against the respondent and not against other parties, and the relief was tailored only to the extent necessary to protect the integrity of the Irish liquidation process and the interests of all creditors. The court declined broader or anticipatory relief where there was insufficient evidence or future risk.

Damages awarded for PTSD following fatal road incident as insurer found liable

By: Decisis
The High Court awarded the plaintiff €130,000 in general damages for severe post-traumatic stress disorder (PTSD) arising from witnessing the aftermath of her son’s fatal injury in a deliberate road traffic incident. The court accepted medical evidence that the plaintiff’s psychiatric condition, which had attenuated over time but would likely be lifelong, was a result of nervous shock caused by the incident and subsequent traumatic experiences, including delays in the investigation. The insurer was found liable to compensate the plaintiff, as it was proven on the balance of probabilities that its policyholder was driving the vehicle at the time, while claims for aggravated damages against the insurer were refused due to lack of evidence of exacerbation by the insurer’s conduct.

Plaintiff entitled to costs despite reduced damages awarded on appeal

By: Decisis
The High Court ruled that the plaintiff is entitled to her costs for both the current proceedings and the Circuit Court proceedings, despite receiving a reduced damages award on appeal. The court found that the defendant, who had fully contested liability and quantum and unsuccessfully pursued an application to dismiss the claim entirely, was unsuccessful in arguing that the plaintiff's partial lack of success on minor points justified depriving her of costs. The court determined that the plaintiff was, in substance, entirely successful, as she overcame the core challenges to her entitlement to damages, and that any minor claim elements not pursued or awarded did not alter this outcome. The order also provides that the defendant may access the hearing transcript upon undertaking to pay its cost.

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