Breidegam v Reilly (Approved) [2020] IEHC 186 (07 April 2020)

Breidegam v Reilly (Approved) [2020] IEHC 186 (07 April 2020)

The plaintiff's claim for specific performance and alternative damages falls within the jurisdiction of the Circuit Court, as the market value of the property is well below €3,000,000 and the maximum damages reasonably contemplated do not exceed the Circuit Court's monetary limit. There are no special circumstances or important legal issues justifying retention in the High Court. Accordingly, the proceedings should be remitted to the Circuit Court.

Citation
[2020] IEHC 186
Parties
Plaintiff: Mary Breidegam; Defendant: Daniel J. Reilly
Jurisdiction
Ireland
Judgment Date
07 April 2020
Procedural Posture
Application to Remit Proceedings / High Court Judgment on Remittal to Circuit Court
Outcome
Application to remit granted; proceedings remitted to Circuit Court.
Legal Topics
Remittal of Proceedings, Specific Performance, Jurisdiction, Damages, Probate, Statute of Limitations
Civil Procedure Property Law Contract Law Remittal of Proceedings Specific Performance Jurisdiction Damages Probate +1 more

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Parties

Mary Breidegam

Plaintiff

Daniel J. Reilly

Defendant

Procedural Posture

Application to Remit Proceedings / High Court Judgment on Remittal to Circuit Court

Legal Issues

  1. 1 Whether the proceedings should be remitted from the High Court to the Circuit Court
  2. 2 Whether the plaintiff's claim for specific performance and/or damages falls within the jurisdiction of the Circuit Court
  3. 3 Whether there are special circumstances justifying retention in the High Court

Ratio Decidendi

The plaintiff's claim for specific performance and alternative damages falls within the jurisdiction of the Circuit Court, as the market value of the property is well below €3,000,000 and the maximum damages reasonably contemplated do not exceed the Circuit Court's monetary limit. There are no special circumstances or important legal issues justifying retention in the High Court. Accordingly, the proceedings should be remitted to the Circuit Court.

Court Disposition

Application to remit granted; proceedings remitted to Circuit Court.

Orders

  • Proceedings remitted from the High Court to the Circuit Court in accordance with section 25 of the Courts of Justice Act 1924.