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Beatty v The Rent Tribunal [2005] IESC 66 Immunity of rent tribunal : Whether a claim in damages for negligence may be made against the Rent Tribunal established under the Housing (Private Rented Dwellings) (Amendment) Act, 1983 arising out of the tribunalís manner of determining a rent and a consequent monetary loss to the respondents on this appeal. The High Court made such an award. Here, the Rent Tribunal appeals that decision. Appeal upheld - on facts rather than legal principal. Denham J. Hardiman J. Geoghegan J. Fennelly J. McCracken J. 21st October 2005.

Anglo Irish Banking Corporation v. Tolka Structural Engineering [2005] IEHC 239 Successful challenge to appointment of arbitrator in the absence of an arbitration agreement. Mr. Justice Gilligan 8thJuly, 2005.

Brostrom Tankers AB v. Factorias Vulcano SA [2004] IEHC 198 Enforcement : New York Award. Failed resistance on grounds of Irish public policy. Mr Justice Kelly. 19th May 2004.

Byrne v. Byrne [2005] IEHC 55 Case stated by arbitrator in respect of the meaning of a clause in a contract. Macken J. 3rd March 2005

Campus & Stadium Ireland Development Ltd. v. Dublin Waterworld Ltd. [2005] IEHC 334 Failed application to set aside arbitral award. Mr. Justice Gilligan. 26th September 2005

Campus and Stadium Ireland Development Ltd. v. Dublin Waterworld Ltd. [2005] IEHC 201 Stay to arbitration. Mr Justice Kelly. 3rd June 2008

Carrickdale Hotel Ltd. v. Controller of Industrial and Commercial Property [2004] IEHC 86 Appeal against award : application to set aside or vary : Court concluded that the arbitrator had less lee way regarding equitable determination and varied award. Miss Justice Laffoy 12th May 2004.

Clancy v Nevin [2008] IEHC 121 Applications to enforce / set aside an award. s. 41 Arbitration Act, 1954. Award entered as judgment for enforcement. Laffoy J. 25th April 2008

Collis Lee v. Millar [2004] IEHC 144 Failed application for enforcement of a purported arbitral award : The arbitrator misunderstood his role and acted as an expert delivering an evaluation. Held : Not an award : not enforceable. Ms. Justice Laffoy 30th July, 2004

Common Market Fertilizer S A v M V Sonata [2007] IEHC 109 Unsuccessful application for stay to arbitration and release of arrested vessel. Butler J. Admiralty. 7th March 2007

Cooper v Cork City Council [2006] IEHC 353 Case stated on the net point of construction of a condition in a planning permission which relates to a claim for compensation under the Local Government (Planning and Development) Act, 1990. Murphy J. 8th November 2006

Dower v. Radio Ireland Ltd t/a Today FM [2000] IEHC 147 Stay to arbitration : Whether a valid arbitration clause. Held : Yes. Stay. Ms. Justice Carroll 14th September, 2000.

Doyle v. Irish National Insurance Company plc [1998] IEHC 13; [1998] 1 IR 89; [1998] 1 ILRM 502 Successful application for stay to arbitration s5 Arbitration Act 1980.Mr Justice Kelly 30th January 1998.


Dun Laoighre Rathdown County Council v. Shackleton [2002] IEHC 2 In this application the plaintiff local authority seeks an interlocutory injunction preventing the first defendant as statutory arbitrator from embarking on hearing a claim for assessment of compensation by the second defendant in respect of the compulsory acquisition of some 24 acres of its land by the plaintiff in connection with the construction of the south eastern motorway in south County Dublin. Application acceeded to on the basis that the tribunal had agreed to investigate the allegations and to only proceed if they proved to be unfounded. OíSullivan J 23rd January, 2002



G.L.C. Construction Ltd. v. Laois County Council [2005] IEHC 53 Successful application for award to be remitted to the tribunal for further consideration in the light of conclusions in respect of evidence by the court. Miss Justice Laffoy. 3rd March, 2005.

Gleeson v. Grimes [2002] IEHC 108 Stay to arbitration : recourse to the courts for interlocutories in support of the arbitral process do not amount to a waiver of the right to arbitrate. Stay granted. Ms. Justice Finlay Geoghegan. 1st November, 2002.

Glenkerrin Homes v DunLaoghaire Rathdown County County [2006] IEHC 413 Interlocutory injunction application for a certificate in circumstances where the right to one was questionable and where if there is a right it depends upon a decision of a board or arbitral tribunal- but where which is the appropriate forum is disputed. Mr Justice Clarke. 6th December 2006

Greyridge Developments Ltd v McGuigan t/a McGuigan Construction [2006] IEHC 441 Unsuccesssful application to revoke the jurisdiction of an arbitral tribunal. Mr. Justice Gilligan 28th June 2006.

Gulliver v. Brady [2003] IESC 68 Stay to arbitration : Unsuccessful appeal against a stay. Hardiman J. Geoghegan J. Fennelly J. 19th december 2003


Hogan v Byrne [2008] IEHC 287 Unsuccessful application for an order under s. 38 of the Arbitration Act, 1954 (the Act of 1954) setting aside or, alternatively, an order under s. 36 of the Act of 1954 remitting for reconsideration, an arbitration award. Miss Justice Laffoy. 3rd June 2008

Horan v. Quilter [2004] IESC 16 Interest : Date from which interest should run : Held : From date of award - not date of court proceedings. Denham J. & Hardiman J.; Murray J.1st March 2004.

Intermetal Group Ltd. v. Worslade Trading Ltd. [1997] IEHC 194 Partially successful applications for interlocutory injunctions restraining the Defendant from interfering with contracts between Intermetal and Novolipetzk Iron and Steel Corporation ; a similar order in relation to a contract between Intermetal and Trans-World and a further order restraining Worslade from inducing or procuring breaches of contract between Trans-World and its customers : main dispute subject to arbitration. O\'Sullivan J. 12th December, 1997

Lennon and Harvey Ltd. v. Murphy [2004] IEHC 402 Successful application for set aside and remission for further deliberation and fresh award : misconduct of proceedings - loss of opportunity to put forward applicant\'s case. Mr. Justice Murphy 21st December, 2004.

Limerick City Council v. Uniform Construction Ltd. [2005] IEHC 347 S.38(1) Arbitration Act 1954 application to have the interim award set aside on the grounds of the misconduct by the arbitrator of either himself or the proceedings; S36(1) application for certain matters be remitted to the reconsideration of the arbitrator; and/or common law application to set aside or remitt to the reconsideration of the arbitrator on the basis of an error of law on the face of the award. Mr. Justice Clarke 1st November 2005.

Lynch Roofing Systems (Ballaghaderreen) Ltd. v. Bennet & Son (Construction) Ltd. [1998] IEHC 216; [1999] 2 IR 450 Successful application to stau proceedings pending arbitration; s5 Arbitration Act 1980. Morris P. 26th June 1998.

Marshall v Capitol Holdings Limited [2006] IEHC 271 Unsauccessful appeal against an arbitral award dismissing a claim for personal injury sustained during a holiday. No appeal on merits. Murphy J. 21st July 2006

Mc Carthy v Keane [2004] IESC 104 Failed application for removal of arbitrator and or for remission. Murray C.J. Geoghegan J. Fennelly J. 16th Debember 2004

Mc Cormack Fuels Ltd v Maxol Ltd [2008] IEHC 197 Stay application s. 5(1) of the Arbitration Act 1980,Dunne J. 20th June 2008

McCarrick v. The Gaiety (Sligo) Ltd. [2001] IEHC 56; [2001] 2 IR 266; [2002] 1 ILRM 55 Successful application for remission for further consideration. Mr Justice Herbert 2nd April 2001


McCrory Scaffolding Ltd. v. McInerney Construction Ltd. [2004] IEHC 346 Successful application for stay to arbitration : validity of arbitration clause unsuccessfully challenged. Construction contract. Mr Justice Michael Peart 5th November 2004

Moffat v. Frisby [2007] IEHC 140 Application for an order setting aside the appointment of the second defendant as arbitrator under the Arbitration Act, 1954 ; and
an injunction restraining the first defendant from making further application to the Society in respect of Unit No. 22C pending the trial of (a) the first defendant\'s ejectment proceedings and (b) proceedings initiated by the plaintiff by way of Landlord and Tenant Civil Bill, in which the plaintiff claimed, inter alia, relief against forfeiture, the first defendant having, at the time of the amendment, served three forfeiture notices.Miss Justice Laffoy 20th March, 2007.

Moohan v S. & R. Motors (Donegal) Ltd [2007] IEHC 435 Application for stay to arbitration : Whether a prima facie case established. Mr. Justice Clarke 14th December, 2007

O Callaghan v Judge Alan Mahon [2007] IESC 17 Bias : Unsuccessful appeal from failed application to stop further proceedings of a Tribunal of Inquiry into Certain Planning Matters and Payments. Failure to establish bias. Denham J., Hardiman J., Geoghegan J., Fennelly J., Finnegan J. Supreme Court. 30th March 2007

Office and Indrustrial Cleaners Ltd v John Paul Construction Ltd [2008] IEHC 38 Arbitrator departed from the normal rule that costs follow the event without providing reasons or giving the parties an opportunity to address the tribunal. Costs award set aside and matter remitted to the arbitrator for a hearing and fresh determination. McGovern J. 21st February 2008

O\'Dwyer v. Boyd [2002] IESC 54 Stay to arbitration : Unsuccessful appeal : Court could not proceed with specific performance action until the arbitrator had determined whether or not the contract was valid. Keane C.J. Murphy J. Geoghegan J. 4th July 2002.

O\'Sullivan v Eagle Star Insurance Co Ltd. [2006] IEHC 249 Successful application for extension of time to commence arbitral proceedings. Miss Justice Laffoy 10th July, 2006.

Redahan v. Minister for Education and Science & Ors [2005] IEHC 271 Immunity of arbitrator from suit : functus officio - rationale - to prevent pressure being put on arbitrator to revise or amend an award. Gilligan J. 29th July 2005

Representatives of Chadwick & Goff v. Fingall County Council [2003] IEHC 69 Case stated : Am I correct in holding that upon the true construction of section 63 of the Lands Clauses Consolidation Act 1845, the compensation for injurious affection to the lands retained by the claimants, caused by the carrying out of the works and subsequent use of the motorway, is limited to injurious affection caused by such works on and such use of, the land actually acquired from the claimants?\" O\'Neill J. 17th October, 2003

Sheahan v. FBD Insurance plc [1998] IEHC 53 Failed applications to set aside on basis of errors of law in two awards. Mr. Justice Kelly 25th March 1998.


Telenor Invest A.S. v. I.I.U. Nominees Ltd. [1999] IEHC 188 Stay to arbitration and injunctive relief pending outcome of the tribunal. O\'Sullivan J. 20th July 1999


Templeville Developments Ltd v The Leopardstown Club Ltd [2006] IEHC 129 Jurisdiction : Scope of the tribunals jurisdiction : covered not only the suitability of a site for relocation of the Club but also the selection of a site. O\'Sullivan J. 4th May 2006

Templeville Developments Ltd. v. Leopardstown Club Ltd. [2003] IEHC 90 Interlocutory injunction : Unsuccessful attempt to prevent the building of a ramp pending outcome of an arbitration in respect of relocation of tenancy. O\'Sullivan J. 10th December 2003

Tobin ; Twomey Services Ltd. v. Kerry Foods Ltd. [1998] IEHC 61; [1999] 3 IR 483 Applications for an order under S39 Arbitration Act, 1954 (that the agreement to submit the dispute to the Arbitrator should cease to have effect or, alternatively, an Order giving leave to revoke the authority of the Arbitrator; (b) In the alternative, an Order under Section 36 of the Act of 1954 remitting to the reconsideration of the Arbitrator the matters referred to; and (c) A Mareva injunction. Ms. Justice Laffoy 22nd April 1998.


Uniform Construction Ltd v Cappawhite Contractors Ltd [2007] IEHC 295 Application for an order pursuant to s. 36 of the Arbitration Act, 1954 (the Act of 1954) that the Award be remitted to the Arbitrator for his reconsideration; or for an order pursuant to s. 38 of the Act of 1954 that the Award be set aside. In relation to both reliefs, Uniform also invokes the courtís common law jurisdiction. Miss Justice Laffoy 29th August, 2007.

Via Net Works Ireland Ltd., Re [2002] IESC 24 Stay to arbitration, overturning decision of lower court accepting jurisdiction. Keane C.J.
Murphy J. McGuinness J. 23rd April 2002.

Vogelaar v. Callaghan [1998] IESC 9 Unsuccessful appeal against a costs award appeal - where the sum awarded exceed a settlement offer. Keane, J. Murphy, J. Lynch, J. 13th July 1998.


 
     
       
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