Commercial / Contract Law

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Court misled concerning ownership of lands when injunction sought

By: Decisis

The Court of Appeal allowed an appeal from the High Court, and set aside an injunction that restrained the appellant from alleged trespass on certain lands, part of a business park, pending a full trial. The original decision was overturned due to the respondent's materially misleading evidence suggesting a sale might be frustrated by the appellant's actions, when in fact the sale had already concluded. Additionally, the balance of justice was deemed to weigh against granting the injunction due to the respondent's lack of urgency in pursuing the application and the appellant's arguable case for having acquired an interest or easement over the lands in question.

No injunction to restrain deportation pending appeal of international protection case

By: Decisis

The High Court refused a Georgian national's application for an injunction to restrain his deportation pending an appeal under s. 22(8) of the International Protection Act, 2015. The applicant, previously unsuccessful in his international protection claim based on alleged political persecution and threats, sought to make a subsequent application for protection citing new political developments in Georgia. The court found that the applicant failed to provide cogent evidence of personal risk or to address credibility issues from his initial claim, which was essential given Georgia's designation as a safe country of origin. The court also noted that the applicant's late submission of the s. 22 application, following his detention for deportation, raised questions about his motives and did not substantiate a genuine protection need.

Exclusive jurisdiction clause meant Irish courts could not hear trust action

By: Decisis

The High Court strikes out for lack of jurisdiction a case involving the administration of a trust, due to an exclusive jurisdiction clause designating the courts of the British Virgin Islands (BVI) as the proper forum. The case, which involves disputed claims over the administration of the "Bloem Trust" and its assets, was brought to the Irish courts following extensive litigation in the United States. The court also determined that the U.S. courts are a more appropriate forum for resolving the core issues, given their substantial connection to the matter and the ongoing involvement of the U.S. Bankruptcy Court.

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Commercial / Contract Law

Court misled concerning ownership of lands when injunction sought

No injunction to restrain deportation pending appeal of international protection case

Exclusive jurisdiction clause meant Irish courts could not hear trust action

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