Michael and Thomas Butler Ltd & ors v BOSOD Ltd & ors [2018] IEHC 702 (11 December 2018)

Michael and Thomas Butler Ltd & ors v BOSOD Ltd & ors [2018] IEHC 702 (11 December 2018)

The Butlers entered into a binding settlement agreement with Mr. O'Shea on 11 February 2008, which included default clause 6. The agreement was validly executed, and the Butlers are liable for the outstanding sum. Allegations of conspiracy, forgery, and impropriety are unsupported by evidence. The correct agreement is the nine-paragraph version containing the default clause. The court record was interfered with, but this does not affect the contractual obligations.

Citation
[2018] IEHC 702
Parties
Plaintiff: Michael and Thomas Butler Ltd.; Plaintiff: Michael Butler; Plaintiff: William Butler; Defendant: BOSOD Ltd.; Defendant: Crohan O'Shea; Defendant: Thomas O'Driscoll
Jurisdiction
Ireland
Judgment Date
11 December 2018
Procedural Posture
Civil / Retrial on Specific Issues Following Supreme Court Remittal
Outcome
Judgment for the respondent; Butlers found liable under the settlement agreement.
Legal Topics
Settlement Agreements, Default Clauses, Enforcement of Judgments, Court Record Integrity
Contract Civil Procedure Settlement Agreements Default Clauses Enforcement of Judgments Court Record Integrity

Case Brief

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Parties

Michael and Thomas Butler Ltd.

Plaintiff

Michael Butler

Plaintiff

William Butler

Plaintiff

BOSOD Ltd.

Defendant

Crohan O'Shea

Defendant

Thomas O'Driscoll

Defendant

Procedural Posture

Civil / Retrial on Specific Issues Following Supreme Court Remittal

Legal Issues

  1. 1 Did the parties enter into a settlement agreement on 11 February 2008?
  2. 2 Did the settlement agreement contain default clause 6?
  3. 3 Are the Butlers liable under the settlement agreement?

Ratio Decidendi

The Butlers entered into a binding settlement agreement with Mr. O'Shea on 11 February 2008, which included default clause 6. The agreement was validly executed, and the Butlers are liable for the outstanding sum. Allegations of conspiracy, forgery, and impropriety are unsupported by evidence. The correct agreement is the nine-paragraph version containing the default clause. The court record was interfered with, but this does not affect the contractual obligations.

Court Disposition

Judgment for the respondent; Butlers found liable under the settlement agreement.

Orders

  • The Butlers are liable to Mr. O'Shea for €653,832 under the settlement agreement.
  • Recusal application refused.