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Tag Archives: High Court

Ennis legal costs “significant cause for concern”

LEGAL costs which could be more than €500,000 for Ennis Town Council’s defence of two High Court challenges to national legislation are “significant cause for concern” for the local authority. In 2013 Ennis Town Council were involved in two separate cases as a defendant. One case related to the Ennis Casual Trading Bylaws 2011, representing a challenge to the Casual Trading Act 1995 and in particular the status of casual trading on market rights. The council incurred legal costs of €147,000 in relation to this matter. Currently, the council is involved in a separate High Court case regarding the deregulation of the taxi regime. A number of sample cases are being heard in relation to this, including one involving Ennis. The legal costs relating to this are estimated to be in the region of between €300,000 and €450,000. Concern about the cost of the legal battles in defending national legislation to the local authority was outlined at this week’s meeting …

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Element Six pension trustees acted ‘in good faith’

By Tim Healy MORE than 100 members of the  pension scheme of industrial diamond manufacturers, Element Six have lost a Commercial Court action against their trustees over the winding up of the fund. Mr Justice Peter Charleton this week  ruled the trustees of the pension scheme of the Shannon comnpany had acted reasonably and in the interests of the scheme members as a whole when they agreed in November 20011 to accept an offer to wind up the fund on the basis of a contribution of €37.1m from the company. The members sued the six trustees claiming breach of trust and conflict of interest in accepting the offer and said they should instead have demanded the company make a €129.2m contribution to make up the deficit in the scheme.   The claims were denied. The trustees, comprising three management nominees and three worker nominees,  accepted the €37m offer in a 3-3 vote in which the management nominee exercised his casting vote. …

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Town council counting the cost of legal challenges

ENNIS Town Council is facing legal bills totalling more than €500,000 defending two separate High Court challenges to national legislation and regulation. A case involving a challenge to the Ennis Casual Trading Bylaws 2011 has resulted in an overall cost of €147,000 to the council. A separate challenge regarding the deregulation of taxis, currently awaiting decision in the High Court, is expected to cost around €400,000. The figures were released during this week’s meeting of Ennis Town Council to agree its budget for 2014. Town manager Ger Dollard stated the council is “seriously concerned regarding the number of cases falling to the council to defend but representing a challenge to national legislation and regulation”. Following a number of High Court hearings, the council secured a settlement in relation to the case taken regarding the Ennis Casual Trading Bylaws 2011, which represented a challenge to the Casual Trading Act 1995 and, in particular, the status of casual trading vis-a-vis market rights. …

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