Fanning v UCC

• Jurisdiction: Ireland
• Judge: MISS JUSTICE MELLACARROLL
• Judgment Date: 07 July 1999
• Neutral Citation: [1999] IEHC 236
• Date: 07 July 1999
• Court: High Court

[1999] IEHC 236

THE HIGH COURT

NO.5115P/1999

FANNING v. UNIVERSITY COLLEGE CORK

BETWEEN

CONNELL M. FANNING

Plaintiff

AND

UNIVERSITY COLLEGE CORK

Defendant

Synopsis

Injunctions

Mediation process; injunction; plaintiff and defendant are joint defendants in legal proceedings, in which a notice of discontinuance has been served upon the plaintiff; plaintiff and defendant as joint defendants made a joint defence agreement; defendant has sought to resolve the matter through a mediation process; whether there is a fair issue to be tried; whether the balance of convenience favours the defendant in seeking to resolve the dispute.

Held: Application refused.

Fanning v. University College Cork - High Court: Carroll J. (ex tempore) - 07/07/1999

The plaintiff is a professor of economics and head of the Department of Economics at University College Cork. He sought to restrain the University from proceeding with an informal mediation process concerning litigation in which the plaintiff and the University were defendants. The plaintiff claimed that the University agreed not to settle the said litigation without his consent. The said litigation was discontinued against the plaintiff. The said litigation was discontinued against the plaintiff. An informal exploratory exercise at dispute resolution such as the mediation process envisaged above does not imply a legalistic framework. The plaintiff was no longer a party to the said litigation once the notice of discontinuance had been served. There is no issue to be tried in such circumstances. The High Court so held in refusing the application.

TRANSCRIPT OF JUDGMENT

1 DELIVERED EXTEMPORE BY THE HONOURABLE MISS JUSTICE MELLACARROLLON 7TH JULY 1999

APPEARANCES

For the Plaintiff:

Paul Sreenan SC

Niamh Hyland BL

Instructed by

Stokes & Co.

For the Defendant:

Ian Finlay SC

David Barniville BL

Instructed by

Ronan Daly Jermyn

2 The Plaintiff is a professor of economics and is head of the Department of Economics at University College Cork (UCC). He is seeking an injunction restraining the University from proceeding with a mediation process without his consent in proceedings in which Anthony Barlow, Martin Kenneally and Michael 0 Suilleabhain are the Plaintiffs and Professor Fanning and UCC are Defendants. Mr Barlow and his co-plaintiffs, all of whom work in the Department of Economics initiated these proceedings in March 1998 alleging loss and damage in relation to their careers through the actions of Professor Fanning and theUniversity.

3 A joint approach to the defence of this action was agreed between Professor Fanning and UCC. Professor Fanning claims it was agreed that neither would attempt to settle the proceedings without the consent of the other Defendant.

4 Both sides refer to a case review held on 5th January 1999 and minuted by Michael Farrell, the Administrative Secretary. The former President Dr Mortell retired and the new President,...