Keogh -v- Gibbons [2016] IEHC 319 (14 June 2016)

Keogh -v- Gibbons [2016] IEHC 319 (14 June 2016)

The court found that a contractual relationship existed between the parties, with mutual obligations arising from their financial dealings. The net difference between advances made by each party was calculated, and Mr Gibbons was ordered to pay Ms Keogh the sum of €25,840.46.

Source-derived case information.

Citation
[2016] IEHC 319
Parties
Plaintiff: Sandra Keogh; Defendant: Brendan Gibbons
Jurisdiction
Ireland
Judgment Date
14 June 2016
Procedural Posture
Summary Claim for Monies Lent / Final Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Existence of Contract, Intention to Create Legal Relations, Consideration, Set Off, Loans Between Cohabiting Partners
Contract Law Existence of Contract Intention to Create Legal Relations Consideration Set Off Loans Between Cohabiting Partners

Source-derived case record

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 Amounts and remedies 3
Sign in to unlock

Parties

Sandra Keogh

Plaintiff

Brendan Gibbons

Defendant

Procedural Posture

Summary Claim for Monies Lent / Final Judgment

Legal Issues

  1. 1 Whether a contractual relationship existed between the parties regarding monies advanced
  2. 2 Whether advances made by each party were loans or gifts
  3. 3 Whether set-off applies to mutual claims

Ratio Decidendi

The court found that a contractual relationship existed between the parties, with mutual obligations arising from their financial dealings. The net difference between advances made by each party was calculated, and Mr Gibbons was ordered to pay Ms Keogh the sum of €25,840.46.

Court Disposition

Judgment for the plaintiff

Orders

  • Mr Gibbons to pay Ms Keogh €25,840.46