McAteer & Anor v Blake & Ors (Approved) [2020] IEHC 604 (30 October 2020)
No binding contract or option agreement existed between the parties; pleadings did not disclose a stateable cause of action for specific performance or defamation; proceedings must be struck out and lis pendens removed.
- Citation
- [2020] IEHC 604
- Parties
- Plaintiff: Daniel McAteer; Plaintiff: Aine McAteer; Defendant: Laurence Blake; Defendant: Denise Blake; Defendant: Aidan Blake; Defendant: Rachel Blake
- Jurisdiction
- Ireland
- Judgment Date
- 30 October 2020
- Procedural Posture
- Civil / Motion to Strike Out Proceedings
- Outcome
- proceedings struck out
- Legal Topics
- Specific Performance, Option Agreement, Lis Pendens, Strike Out, Defamation, Statute of Frauds
Case Brief
Summary, issues, holding and outcome
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Parties
Daniel McAteer
Plaintiff
Aine McAteer
Plaintiff
Laurence Blake
Defendant
Denise Blake
Defendant
Aidan Blake
Defendant
Rachel Blake
Defendant
Procedural Posture
Civil / Motion to Strike Out Proceedings
Legal Issues
- 1 Whether a binding contract or option agreement existed for the sale of land
- 2 Whether the plaintiffs are entitled to specific performance
- 3 Whether the defamation claim is properly pleaded
Ratio Decidendi
No binding contract or option agreement existed between the parties; pleadings did not disclose a stateable cause of action for specific performance or defamation; proceedings must be struck out and lis pendens removed.
Court Disposition
proceedings struck out
Orders
- Specific performance and defamation claims struck out
- Lis pendens removed pursuant to s.123(b) of the 2009 Act
Full Case Text
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