McNamara -v- Beades & ors [2016] IEHC 306 (22 April 2016)

McNamara -v- Beades & ors [2016] IEHC 306 (22 April 2016)

The court found that the plaintiff had established a serious issue to be tried regarding interference with her statutory duties as sheriff, that damages would not be an adequate remedy given the risk of ongoing disruption, and that the balance of convenience favoured granting the interlocutory injunction to protect...

Source-derived case information.

Citation
[2016] IEHC 306
Parties
Plaintiff: Sinead McNamara; Defendants: Jerry Beades and any other persons who are members of or acting in concert with the organisation known as the Land League and the New Land League
Jurisdiction
Ireland
Judgment Date
22 April 2016
Procedural Posture
Civil Injunction / Interlocutory Application for Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Sheriff's Powers, Obstruction of Sale, Protest and Interference With Court Orders
Civil Procedure Property Law Injunctions Interlocutory Injunction Sheriff's Powers Obstruction of Sale Protest and Interference With Court Orders

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Parties

Sinead McNamara

Plaintiff

Jerry Beades and any other persons who are members of or acting in concert with the organisation known as the Land League and the New Land League

Defendants

Procedural Posture

Civil Injunction / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether interlocutory injunction should be granted restraining defendants from interfering with sheriff's sale of cattle
  2. 2 Whether damages would be an adequate remedy for the plaintiff
  3. 3 Whether the balance of convenience favours granting the injunction

Ratio Decidendi

The court found that the plaintiff had established a serious issue to be tried regarding interference with her statutory duties as sheriff, that damages would not be an adequate remedy given the risk of ongoing disruption, and that the balance of convenience favoured granting the interlocutory injunction to protect the lawful sale process.

Court Disposition

Interlocutory injunction granted

Orders

  • Defendants and all persons with notice restrained from preventing, impeding, or obstructing the plaintiff from selling the cattle and collecting proceeds at Craden Hill, Nohoval, Co. Cork.
  • Defendants restrained from threatening, intimidating, or procuring others to frustrate the sale or realisation of proceeds.