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Obligation to negotiate in good faith?

  • Matheson
  • -
  • Ireland, United Kingdom
  • -
  • 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

Endeavours endeavours

  • LK Shields
  • -
  • Ireland
  • -
  • January 21 2011

Most parties who have been involved in any sort of commercial negotiations leading to written contracts will be reasonably familiar with the terms "best endeavours" and "reasonable endeavours", used in circumstances where it is not possible to give an absolute contractual commitment

EU Brussels I Regulation raises questions of jurisdiction

  • Matheson
  • -
  • 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

Converted floating charge still ranks behind preferential creditors

  • Mason Hayes & Curran
  • -
  • Ireland
  • -
  • March 30 2011

In J.D. Brian Ltd (in liquidation) & Others the High Court held that, where a floating charge crystallised prior to the commencement of a winding-up, the preferential creditors still had priority pursuant to in section 285 of the Companies Act 1963 over the holder of what had become a fixed charge

Remit of Small Claims Court extended to business claims

  • A&L Goodbody
  • -
  • Ireland, United Kingdom
  • -
  • January 12 2010

New legislation has been introduced extending the remit of the Small Claims Procedure to include certain business claims

Endeavours in commercial contracts

  • LK Shields
  • -
  • Ireland, United Kingdom
  • -
  • November 15 2011

Most parties who have been involved in any sort of commercial negotiations leading to written contracts will be reasonably familiar with the terms "best endeavours" and "reasonable endeavours", used in circumstances where it is not possible to give an absolute contractual commitment

Supreme Court decides that companies cannot be restricted under section 150

  • A&L Goodbody
  • -
  • Ireland
  • -
  • December 31 2008

The Supreme Court decided on 16 December 2008 in the Worldport Ireland Limited case that bodies corporate or companies cannot be restricted under Section 150 of the Companies Act 1990

The words subject to contract may not always be effective

  • Matheson
  • -
  • Ireland, United Kingdom
  • -
  • 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

High Court disqualifies two directors for fraud and corporate governance breaches

  • A&L Goodbody
  • -
  • Ireland
  • -
  • December 17 2013

The High Court has imposed disqualification orders of seven years duration on each of the two directors shareholders of Boval

English courts consider “unreasonably withheld” consent clause

  • Mason Hayes & Curran
  • -
  • Ireland, United Kingdom
  • -
  • April 27 2012

In the recent case of Porton Capital Technology Funds v 3M UK Holdings Ltd & 3M Company 2011 EWHC 2895 (Comm), the English High Court considered the meaning of the commonly used phrase “subject to consent, consent not to be unreasonably withheld”