Walsh & Ors v Amicus Amalgamated Electrical & Engineering Union [2002] NICh 11 (11 October 2002)

Walsh & Ors v Amicus Amalgamated Electrical & Engineering Union [2002] NICh 11 (11 October 2002)

The plaintiffs were entitled to proceed ex parte due to genuine urgency arising from unresolved safety and asbestos concerns, and thus are not required to meet the undertaking as to damages. Alternatively, even if urgency was lacking, the court would exercise its discretion against enforcement of the undertaking as the defendant should not have proceeded with demolition without resolving the asbestos issue, and the alleged losses would have been incurred regardless.

Citation
[2002] NICh 11
Parties
Plaintiff: Most Reverend Patrick Walsh; Plaintiff: Most Reverend Anthony Farquhar; Plaintiff: Right Reverend Monsignor Colm McCaughan; Plaintiff: Reverend Joseph Glover (as Trustees of St Malachy's College); Plaintiff: Jane Crilly P/A Francis Crilly Solicitors; Defendant: The Amicus Amalgamated Electrical & Engineering Union
Jurisdiction
Northern Ireland
Judgment Date
11 October 2002
Procedural Posture
Application to Enforce Undertaking as to Damages Following Ex Parte Injunction / Post Injunction, Application for Enforcement of Undertaking
Outcome
Application to enforce undertaking as to damages dismissed
Legal Topics
Ex Parte Injunctions, Undertaking as to Damages, Urgency in Injunction Applications, Disclosure Obligations, Compensation for Wrongful Injunction
Civil Procedure Equity Ex Parte Injunctions Undertaking as to Damages Urgency in Injunction Applications Disclosure Obligations Compensation for Wrongful Injunction

Case Brief

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Parties

Most Reverend Patrick Walsh

Plaintiff

Most Reverend Anthony Farquhar

Plaintiff

Right Reverend Monsignor Colm McCaughan

Plaintiff

Reverend Joseph Glover (as Trustees of St Malachy's College)

Plaintiff

Jane Crilly P/A Francis Crilly Solicitors

Plaintiff

The Amicus Amalgamated Electrical & Engineering Union

Defendant

Procedural Posture

Application to Enforce Undertaking as to Damages Following Ex Parte Injunction / Post Injunction, Application for Enforcement of Undertaking

Legal Issues

  1. 1 Whether the plaintiffs were entitled to proceed ex parte for an injunction on grounds of urgency
  2. 2 Whether the undertaking as to damages should be enforced against the plaintiffs
  3. 3 Whether there was full and frank disclosure by the plaintiffs in the ex parte application

Ratio Decidendi

The plaintiffs were entitled to proceed ex parte due to genuine urgency arising from unresolved safety and asbestos concerns, and thus are not required to meet the undertaking as to damages. Alternatively, even if urgency was lacking, the court would exercise its discretion against enforcement of the undertaking as the defendant should not have proceeded with demolition without resolving the asbestos issue, and the alleged losses would have been incurred regardless.

Court Disposition

Application to enforce undertaking as to damages dismissed

Orders

  • Plaintiffs not required to pay damages under the undertaking
  • No order for inquiry as to damages