McAteer -v- Burke & ors p/a Adams Corporate Solicitors [2013] IEHC 629 (13 March 2013)
Plaintiff has now clarified claim is for personal loss, not company loss; particulars are sufficient for case to proceed; criticisms relate to merits, not procedural adequacy.
- Citation
- [2013] IEHC 629
- Parties
- Plaintiff: Daniel McAteer; Defendant: Senan Burke; Defendant: Mark Regan; Defendant: Milan Schuster; Defendant: Adams Corporate Solicitors
- Jurisdiction
- Ireland
- Judgment Date
- 13 March 2013
- Procedural Posture
- Civil / Interlocutory Application to Vacate Stay
- Outcome
- Relief sought in Notice of Motion granted; stay vacated; proceedings to continue.
- Legal Topics
- Particularisation of Claim, Fiduciary Duty, Breach of Confidence, Calculation of Loss, Rule in Foss V Harbottle
Case Brief
Summary, issues, holding and outcome
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Parties
Daniel McAteer
Plaintiff
Senan Burke
Defendant
Mark Regan
Defendant
Milan Schuster
Defendant
Adams Corporate Solicitors
Defendant
Procedural Posture
Civil / Interlocutory Application to Vacate Stay
Legal Issues
- 1 Whether plaintiff has properly particularised his claim
- 2 Whether plaintiff can claim losses personally or only as shareholder
- 3 Adequacy of replies to particulars
Ratio Decidendi
Plaintiff has now clarified claim is for personal loss, not company loss; particulars are sufficient for case to proceed; criticisms relate to merits, not procedural adequacy.
Court Disposition
Relief sought in Notice of Motion granted; stay vacated; proceedings to continue.
Orders
- Stay on proceedings vacated
- Case to proceed to hearing
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