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McGrath v Stewart

Judgment Irish Reports Cited authorities 11 Cited in 7 Precedent Map Related
JurisdictionIreland
JudgeMs. Justice Laffoy
Judgment Date29 July 2016
Neutral Citation[2016] IESC 52
CourtSupreme Court
Docket Number[Appeal No. 160 of 2010],[S.C. No. 160 of 2010]
Date29 July 2016
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4 cases
  • Morrissey v Irish Bank Resolution Corporation Ltd
    • Ireland
    • Court of Appeal (Ireland)
    • 25 May 2017
    ... ... Dublin City Council [2013] IEHC 474 ; McGrath v. Stewart [2016] IESC 474 ... The action for debt is a quintessentially common law action and as I observed in Meagher : ... ...
  • Mary Egan and Paul Barron v Noel Thomas Richard Heatley
    • Ireland
    • Court of Appeal (Ireland)
    • 14 December 2020
    ...in lieu was more advantageous to the plaintiffs. 59 . This apparent advantage, however, came with a condition. In McGrath v. Stewart [2016] IESC 52, [2016] 2 IR 704, the Supreme Court decided that the award of damages in lieu was subject to the same discretionary bars as an order for specif......
  • Dromada Windfarm (ROI) Ltd v Cremins
    • Ireland
    • High Court
    • 14 July 2023
    ...the jurisdiction to award damages in lieu of specific performance: in this regard see the dicta of Laffoy J. in McGrath v. Stewart [2016] 2 IR 704, para. 31 – s.2 of which “conferred upon the Court of Chancery jurisdiction which it had not before to award damages in lieu of an injunction”. ......
  • McA Bhaird v Commissioner of Public Works in Ireland [No 2]
    • Ireland
    • High Court
    • 8 November 2016
    ...Conroy and O'Neill, Specific Performance in Ireland (Dublin, 2012), noted with approval by Laffoy J. in McGrath v. Stewart & Anor. [2016] IESC 52. 36 The provisions of the Act are often described as giving the Courts of Chancery the power to award ‘equitable damages’ in addition to specific......
1 books & journal articles
  • Equity and the Law of Trusts in Ireland (7th edition) by Hilary Biehler
    • Ireland
    • Hibernian Law Journal No. 19-2020, January 2020
    • 1 January 2020
    ...Biehler’s discussion of the efect and consequences of this determination are insightful. 15 Crown Prosecution 3 [2019] IESC 29. 4 [2016] 2 IR 704 (SC). 5 [2017] AC 467. 6 Biehler (n 1) 194. 7 ibid 194–204. 8 [2017] 3 WLR 1507, [2018] AC 631. 9 Hilary Biehler, ‘he Scope of Common Intention C......

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