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Restriction order made against managing director & assistant marketing manager of construction company

  • William Fry
  • -
  • Ireland
  • -
  • March 26 2013

The High Court has made a restriction order under section 150 of the Companies Act 1990 against the managing director of a construction company and

High Court makes winding up order

  • William Fry
  • -
  • Ireland
  • -
  • March 26 2013

The High Court recently made an order to wind up a company, Ely Property Group Ltd, on the basis that it was deemed unable to pay its debts by reason

IDEA January 2013

  • William Fry
  • -
  • Ireland
  • -
  • February 26 2013

2013 is underway with a higher degree of activity than is normally seen this early in the year. Economic prospects and commercial activities are both

TMT General Update: meaning of “gross negligence”

  • Eversheds LLP
  • -
  • Ireland
  • -
  • January 7 2013

In the recent case of ICDL GCC Foundation FZ-LLC v European Computer Driving Licence Foundation Ltd 2012, the Supreme Court of Ireland has dismissed an

Corporate manslaughter - update

  • A&L Goodbody
  • -
  • Ireland, United Kingdom
  • -
  • December 18 2012

Another UK company has been charged with Corporate Manslaughter. A Norfolk garden nursery, PS & JE Ward, has been charged in relation to the death of an

Derivative actions in the spotlight in the commercial court

  • A&L Goodbody
  • -
  • Ireland
  • -
  • October 2 2012

A recent case from the Irish Commercial Court has considered the rule set down in Foss v Harbottle, namely that if a company suffers a wrong, it is the company and not its shareholders that must institute proceedings

Getting down to business in the Commercial Court

  • Matheson
  • -
  • Ireland
  • -
  • September 20 2012

The vast majority of cases admitted to the list have been commercial claims with a value in excess of 1 million (1165 in total

Withholding consent in a commercial context what’s reasonable?

  • Matheson
  • -
  • Ireland
  • -
  • September 13 2012

In the recent case of Porton Capital Technology Funds & Ors v 3M UK Holdings Ltd & Anor the English High Court considered the relevant principles to be applied where a Share Purchase Agreement provided that the purchaser of the business could not cease to carry on the business without the vendor’s consent, such consent “not to be unreasonably withheld”

Derivative actions and exceptions to Foss v Harbottle

  • Matheson
  • -
  • Ireland
  • -
  • September 4 2012

As a general rule, Irish law does not permit a shareholder to bring an action on behalf of the company in which it holds shares and treats the company itself as the proper plaintiff

What is meant by an obligation to use best endeavours, all reasonable endeavours?

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • July 31 2012

The meaning of phrases such as best efforts; reasonable endeavours; commercial practicable efforts pose a challenge to the interpretation of the scope and effect of contractual covenants and obligations contained in written contracts, whether in lease agreements or contract for the provision of services

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