McAteer -v- Burke & ors p/a Adams Corporate Solicitors [2015] IECA 215 (07 October 2015)

McAteer -v- Burke & ors p/a Adams Corporate Solicitors [2015] IECA 215 (07 October 2015)

Claims that are personal to the plaintiff, such as failure to register his shareholding, breach of confidentiality, and malicious falsehoods, may proceed. Claims for loss of profits or value suffered by the companies are barred by Foss v. Harbottle and must be struck out. The plaintiff is granted one final opportunity to amend his pleadings to confine the case to personal claims only.

Citation
[2015] IECA 215
Parties
Plaintiff/respondent: Daniel McAteer; Defendants/appellants: Senan Burke, Mark Regan and Milan Schuster practising under the style and title of Adams Corporate Solicitors
Jurisdiction
Ireland
Judgment Date
07 October 2015
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal
Outcome
Partially allowed; plaintiff granted leave to further amend statement of claim to confine to personal claims; claims barred by Foss v. Harbottle to be struck out.
Legal Topics
Rule in Foss V. Harbottle, Shareholder Rights, Negligence, Breach of Contract, Breach of Fiduciary Duty, Breach of Confidentiality, Particularisation of Pleadings
Company Law Tort Law Contract Law Rule in Foss V. Harbottle Shareholder Rights Negligence Breach of Contract Breach of Fiduciary Duty +2 more

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Parties

Daniel McAteer

Plaintiff/respondent

Senan Burke, Mark Regan and Milan Schuster practising under the style and title of Adams Corporate Solicitors

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the plaintiff's claims are personal or belong to the company under the rule in Foss v. Harbottle
  2. 2 Whether the plaintiff has sufficiently particularised his claim to proceed
  3. 3 Whether certain elements of the claim should be struck out as barred by Foss v. Harbottle

Ratio Decidendi

Claims that are personal to the plaintiff, such as failure to register his shareholding, breach of confidentiality, and malicious falsehoods, may proceed. Claims for loss of profits or value suffered by the companies are barred by Foss v. Harbottle and must be struck out. The plaintiff is granted one final opportunity to amend his pleadings to confine the case to personal claims only.

Court Disposition

Partially allowed; plaintiff granted leave to further amend statement of claim to confine to personal claims; claims barred by Foss v. Harbottle to be struck out.

Orders

  • Plaintiff granted liberty to further amend statement of claim to exclude claims barred by Foss v. Harbottle and confine to personal claims.
  • No further delay to be permitted; proceedings to be swiftly brought to hearing.