Slattery -v- Friends First [2015] IECA 149 (10 July 2015)

Slattery -v- Friends First [2015] IECA 149 (10 July 2015)

Rectification was warranted because Clause 2.2 was inserted without agreement, Friends First executed the Deed under a unilateral mistake, and Mr. Slattery and his agent were aware of the mistake and engaged in sharp practice. The trial judge's findings were supported by evidence and legal principles. The...

Source-derived case information.

Citation
[2015] IECA 149
Parties
Appellant: Dómhnal Slattery; Respondent: Friends First
Jurisdiction
Ireland
Judgment Date
10 July 2015
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed; cross-appeal allowed in part
Legal Topics
Rectification, Unilateral Mistake, Confidentiality, Guarantee, Sharp Practice
Contract Law Equity Rectification Unilateral Mistake Confidentiality Guarantee Sharp Practice

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Dómhnal Slattery

Appellant

Friends First

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether Clause 2.2 of the Deed of Pledge was valid and enforceable
  2. 2 Whether rectification of the Deed of Pledge was warranted due to unilateral mistake
  3. 3 Whether the appellant was entitled to declarations affirming Clause 2.2

Ratio Decidendi

Rectification was warranted because Clause 2.2 was inserted without agreement, Friends First executed the Deed under a unilateral mistake, and Mr. Slattery and his agent were aware of the mistake and engaged in sharp practice. The trial judge's findings were supported by evidence and legal principles. The appellant's claim for declaratory relief was properly dismissed, and rectification ordered.

Court Disposition

Appeal dismissed; cross-appeal allowed in part

Orders

  • Rectification of the Deed of Pledge by removal of Clause 2.2
  • Dismissal of appellant's claim for declaratory relief