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Derivative actions and exceptions to Foss v Harbottle

Matheson
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Ireland
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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

Obligation to negotiate in good faith?

Matheson
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Ireland, United Kingdom
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November 30 2009

Traditionally the common law has refused to recognise a duty to negotiate in good faith in run-of-the-mill transactions between parties acting at arm’s length on the basis that such obligations are too uncertain

Brian Farrell v XSIL Corporation Limited, XSIL Limited and XSIL Technology Limited (UD19802009)

Matheson
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Ireland
-
July 6 2011

The claimant was employed as CEO of all three of the respondent companies

Companies Act: security for costs

Matheson
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Ireland
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May 1 2012

Under Irish law, as a general rule, costs typically follow the event such that the winning party recovers its party and party costs from the unsuccessful party

The words subject to contract may not always be effective

Matheson
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Ireland, United Kingdom
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November 24 2009

It is a well-established principle of law that an agreement made on terms that the parties do not intend to be legally bound unless and until they enter into a more formal contract is not itself legally binding

Can parties choose an alternative governing law to opt out of the applicability of the Commercial Agency Regulations?

Matheson
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Ireland, United Kingdom
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June 15 2010

In a recent High Court case in England, it was held that even where parties choose a non-EU governing law in an agreement, the Commercial Agency Regulations (and indeed any other mandatory EU laws) must be followed

Dispute resolution clause interpreted commercially

Matheson
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Ireland
-
November 24 2009

In a recent decision, the English High Court refused an application for an injunction preventing termination of a contract because the dispute resolution clause did not contain clear wording freezing the right to terminate during the dispute resolution procedure

Supreme Court decision on governing jurisdiction clauses

Matheson
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Ireland
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March 2 2010

In O'Connor & Anor v Masterwood (UK) Ltd & Ors, the plaintiffs alleged that a prior agreement with a third party to the dispute which did not contain a governing jurisdiction clause should govern the arrangement

EU Brussels I Regulation raises questions of jurisdiction

Matheson
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Ireland
-
January 17 2012

In Anglo Irish Bank Corporation Limited v Quinn Investments Sweden AB the High Court had to consider applications under Articles 23 and 28 of the EU Brussels I Regulation

Independent 'personal' liability of directors

Matheson
-
Ireland
-
October 27 2011

Despite the March 2011 decision, the regulator and the landlord argued that a “fall back” order should be made against the directors

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Search results

Derivative actions and exceptions to Foss v Harbottle

Obligation to negotiate in good faith?

Brian Farrell v XSIL Corporation Limited, XSIL Limited and XSIL Technology Limited (UD19802009)

Companies Act: security for costs

The words subject to contract may not always be effective

Can parties choose an alternative governing law to opt out of the applicability of the Commercial Agency Regulations?

Dispute resolution clause interpreted commercially

Supreme Court decision on governing jurisdiction clauses

EU Brussels I Regulation raises questions of jurisdiction

Independent 'personal' liability of directors

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