General Litigation 2018-10-25T10:42:10+00:00

In business, as in normal life, conflicts and disputes arise. At Patrick Buckley & Co. Solicitors we are ready to help you overcome such difficulties effectively and efficiently. We place great emphasis on gaining knowledge of all the relevant facts. We use this knowledge along with our experience to achieve the optimal result for our clients, whether through negotiation and settlement, trial, arbitration or alternative dispute resolution.

We have wide reaching experience in solving complex disputes on behalf of our clients. We provide a fully comprehensive service, covering every aspect of dispute resolution and commercial and general litigation.

We represent our clients in all courts as well as tribunals, arbitrations, inquiries and other forms of mediation. We advise on the following areas:

We advise on areas such as:

An Injuntion is a Court order by which a party is required to perform, or is restrained from performing, a particular act. The main types of Injunctions are as follows:

Interim Injunction: An Interim Injunction is a temporary Injunction. An Interim Injunction is granted ex-parte. which means that the application is made by one party only and the other affected party are not notified in advance about the application. An Interim Injunction would only be granted by a court in a situation of great urgency.

Interlocutary Injunction: This Injunction is also temporary in nature. If an Injunction is granted at this point it is temporary and it lasts until the final determination of the proceedings between the parties. The opposing party is advised in advance of the application for an Interlocutory Injunction.

Perpetual Injunction: A Perpetual Injunction is granted at the conclusion of a trial once the substantive matter has been determined. In essence an Injunction is a Court Order which exists usually in either a prohibitory or mandatory format. This means that it prohibits a party carrying out certain acts or in the alternative it compels a party to perform certain acts.

Mareva Injunction A Mareva Injunction is used when it is anticipated that one party may attempt to remove assets from the jurisdiction thereby negating the effect of any judgment obtained by the other party. The effect of a Mareva Injunction is to freeze the assets of the party against whom the injunction is made. Injunctions are on of the most successful types of litigated action in that they allow a Plaintiff’s solicitor to bring a matter before the Courts in a timely and expedient fashion where otherwise it might take several months for a case to come to full hearing.

We have extensive experience in acting in all forms of property related disputes including:

  • Disputes concerning consent to change of use, consent to assignment, breach of covenant
  • Forfeiture
  • Service Charges Disputes
  • Rent Review and Rent Recovery
  • The effect of Insolvency on Leases
  • Leases affecting Licensed Premises
  • Injunctions
  • Adverse possession and boundary disputes
  • Judicial review of planning and other related matters
  • Rights of way
  • Specific Performance actions

In Ireland under the Succession Act 1965, in order for a Will to be valid it must be made by a person who has attained the age of 18 years, or is or has been married, and is of sound disposing mind. There are several grounds which may give rise to litigation including:

  • lack of testamentary capacity
  • lack of approval or knowledge of the contents of the will
  • undue influence
  • duress
  • failure of duty to an intended legatee
  • failure to provide for the legal right share
  • failure to make proper provision for a child or children

In contentious business a Solicitor may not calculate fees or other charges as a percentage of any award or settlement