McAshea v Murnaghan and Fee Solicitors & Ors [2025] NICh 7 (20 October 2025)

McAshea v Murnaghan and Fee Solicitors & Ors [2025] NICh 7 (20 October 2025)

With the respondent's undertakings in place, any harm to the plaintiff can be adequately compensated by damages, and the undertakings provide sufficient protection pending trial. Therefore, the threshold for granting an interlocutory injunction is not met.

Citation
[2025] NICh 7
Parties
Plaintiff (applicant): Noelle McAshea; First Defendant: Murnaghan and Fee Solicitors; Second Defendant: Donal Fee; Third Defendant: Bernadette Duffy; Fourth Defendant: Attracta Lunny; Fifth Defendant: Nessa Murnaghan; Sixth Defendant (respondent): Connor McBarron
Jurisdiction
Northern Ireland
Judgment Date
20 October 2025
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Application Ruling
Outcome
Application for interlocutory injunction dismissed
Legal Topics
Interlocutory Injunctions, Adequacy of Damages, Undertakings to Court, Estate Administration, Property Transfer Validity
Equity Property Law Civil Procedure Interlocutory Injunctions Adequacy of Damages Undertakings to Court Estate Administration Property Transfer Validity

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Parties

Noelle McAshea

Plaintiff (applicant)

Murnaghan and Fee Solicitors

First Defendant

Donal Fee

Second Defendant

Bernadette Duffy

Third Defendant

Attracta Lunny

Fourth Defendant

Nessa Murnaghan

Fifth Defendant

Connor McBarron

Sixth Defendant (respondent)

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted to restrain the sixth defendant from dealing with the property pending trial
  2. 2 Whether damages are an adequate remedy for the plaintiff
  3. 3 Whether undertakings offered by the respondent are sufficient protection

Ratio Decidendi

With the respondent's undertakings in place, any harm to the plaintiff can be adequately compensated by damages, and the undertakings provide sufficient protection pending trial. Therefore, the threshold for granting an interlocutory injunction is not met.

Court Disposition

Application for interlocutory injunction dismissed

Orders

  • Plaintiff to have benefit of respondent's undertakings to the court regarding the property
  • No further injunctive relief granted against the sixth defendant at this time