Bradshaw -v- Murphy & ors [2014] IEHC 146 (26 March 2014)

Bradshaw -v- Murphy & ors [2014] IEHC 146 (26 March 2014)

The plaintiff failed to establish that damages would not be an adequate remedy for the alleged breaches of the partnership agreement, and the defendants' undertakings addressed the employment dismissal issue; therefore, interlocutory injunctions were refused.

Citation
[2014] IEHC 146
Parties
Plaintiff: Lee Bradshaw; Defendant: William Murphy; Defendant: Joseph Murphy; Defendant: Claire Murphy; Defendant: Copper Bar and Grill Limited
Jurisdiction
Ireland
Judgment Date
26 March 2014
Procedural Posture
Interlocutory Application in Civil Proceedings / Application for Interlocutory Injunction
Outcome
Plaintiff's application for interlocutory relief refused
Legal Topics
Interlocutory Injunctions, Dismissal From Employment, Partnership Disputes, Adequacy of Damages, Undertakings to Court
Employment Law Partnership Law Civil Procedure Interlocutory Injunctions Dismissal From Employment Partnership Disputes Adequacy of Damages Undertakings to Court

Case Brief

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Parties

Lee Bradshaw

Plaintiff

William Murphy

Defendant

Joseph Murphy

Defendant

Claire Murphy

Defendant

Copper Bar and Grill Limited

Defendant

Procedural Posture

Interlocutory Application in Civil Proceedings / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether the plaintiff is entitled to an interlocutory injunction restraining termination of his employment
  2. 2 Whether the plaintiff is entitled to an interlocutory injunction restraining termination of an alleged partnership

Ratio Decidendi

The plaintiff failed to establish that damages would not be an adequate remedy for the alleged breaches of the partnership agreement, and the defendants' undertakings addressed the employment dismissal issue; therefore, interlocutory injunctions were refused.

Court Disposition

Plaintiff's application for interlocutory relief refused

Orders

  • Court notes undertakings given by defendants pending full hearing
  • Liberty to apply in relation to undertakings