Arbitral Digest

Matter

Solas Éireann Development Limited v Philip Cleary (Court of Appeal [2023] IECA 283)

7 November 2023Ireland
7 November 2023Ireland
Ex tempore judgment of the Court of Appeal in the case [2023] IECA 283 dated 7 November 2023
Court of Appeal
Decision summary
The Court of Appeal dismissed Philip Cleary's appeal and upheld the High Court orders requiring specific performance of the revised option agreement and execution of the draft lease for a thirty-year lease of the option lands. It held that the appeal disclosed no substance and that the arguments concerning the solicitor's involvement and payment of legal costs could not invalidate the agreements or be advanced as new issues on appeal.
Supporting details
7 authorities · 5 participants
Solas Éireann Development Limited
Philip Cleary
Court of Appeal
Judge
Pilkington J.
Judge
Allen J.
Judge
Butler J.
Authorities cited
7
- Ulster Bank Ireland Ltd. v. Roche [2012] IEHC 166
  case
- ACC Bank v. Kelly [2011] IEHC 7
  case
- Donnelly, The Law of Credit and Security (3rd Ed., 2021)
  academic
- M.C v. F.C. [2013] IESC 36, [2014] 1 ILRM 1
  case
- Lough Swilly Shellfish Growers Co-Op Society Ltd. v. Bradley [2013] IESC 16, [2013] 1 I.R. 277
  case
- K.D. (otherwise C.) v M.C. [1985] I.R. 697
  case
- Movie News Ltd v Galway County Council (Unreported, Supreme Court, 25th July, 1977)
  case
Direct judgment