Fanning v. University College Cork [1999] IEHC 236 (7th July, 1999)

Fanning v. University College Cork [1999] IEHC 236 (7th July, 1999)

There is no fair issue to be tried as the Plaintiff is not compelled to participate in mediation, and no damage will result from holding mediation proceedings. The balance of convenience favours the University proceeding with mediation rather than facing prolonged litigation.

Citation
[1999] IEHC 236
Parties
Plaintiff: Professor Fanning; Defendant: University College Cork
Jurisdiction
Ireland
Procedural Posture
Injunction Application / Interlocutory Application
Outcome
Application refused
Legal Topics
Injunctions, Mediation, Joint Defence Agreements, Academic Employment Disputes
Civil Procedure Employment Law Contract Law Injunctions Mediation Joint Defence Agreements Academic Employment Disputes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Professor Fanning

Plaintiff

University College Cork

Defendant

Procedural Posture

Injunction Application / Interlocutory Application

Legal Issues

  1. 1 Whether the University can proceed with mediation without the Plaintiff's consent
  2. 2 Whether the joint defence agreement prevents the University from settling without the Plaintiff's consent
  3. 3 Whether damages would be an adequate remedy for the Plaintiff

Ratio Decidendi

There is no fair issue to be tried as the Plaintiff is not compelled to participate in mediation, and no damage will result from holding mediation proceedings. The balance of convenience favours the University proceeding with mediation rather than facing prolonged litigation.

Court Disposition

Application refused

Orders

  • Application for injunction refused
  • Costs reserved to the trial judge