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ARTICLE · 31 AUGUST 2012

Litigation Risk Update - August 2012

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

Managing Partner: Will Carmody Chair: Philip Nolan Number of partners: 124 Languages: French,...

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Taking security: the problem of "vulnerable" guarantors. What are "best endeavours"? High Court orders the removal of a website pending trial. No security for costs in action arising out of abandoned planning application.

IrelandLitigation, Mediation & Arbitration

Taking security: the problem of "vulnerable" guarantors

Lenders often want loans to be secured by personal guarantees.  The recent High Court case of Ulster Bank Ireland Limited v Roche and Buttimer shows that where the guarantor is in a personal relationship with the borrower, and has no involvement or financial interest in the business, the lender must tread very carefully or risk the guarantee failing.

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What are "best endeavours"?

In Jet2.com v Blackpool Airport Limited, the English Court of Appeal was faced with two questions on a "best endeavours" clause: Is it enforceable? And what does it mean?

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High Court orders the removal of a website pending trial

The High Court has granted a pre-trial injunction directing that "rate-your-solicitor.com", a website hosting defamatory statements about members of the legal profession, be taken down prior to trial.

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No security for costs in action arising out of abandoned planning application

The Irish High Court has refused Eirgrid's application for security for costs against County Monaghan Anti-Pylon (CMAP), a company formed for the purpose of opposing the proposed North/South Meath-Tyrone electricity interconnector.

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