Courts / Limerick / Report

Court could use "brutal tools" to rule on Supermac's franchise dispute

Date
2019-06-05
Stage
Hearing Or Decision
Primary locality
Limerick
County
Limerick

Summary

The High Court is set to rule at noon on Thursday in a dispute between Supermac's Ireland Limited and John and Mary Lyons regarding who should pay for refurbishment works at their Ennis Road, Limerick franchise. Supermac's, represented by Rossa Fanning SC, seeks an injunction to prevent the defendants from carrying out works without consent, alleging a breach of the franchise agreement. The Lyons, represented by Andrew Sexton SC, oppose the application, arguing they are entitled to perform urgent repairs and that the action constitutes satellite proceedings following a 2018 Circuit Court decision requiring Supermac's boss Pat McDonagh to reimburse over €150,000 in rates and rent. The defendants deny breaching a 2000 agreement, with Mr Lyons claiming in a sworn statement that he never signed it and describing it as a forgery. Mr McDonagh, in his own sworn statement, called this accusation entirely baseless and frivolous, noting that the original document was located at a solicitor's office and originated in the early 1990s. Both handwriting experts stated they could not verify signatures on the copy without the original, which has now been made available for examination. Mr Justice Senan Allen noted the parties were seeking to draw first blood but indicated the court would hold off ruling if a solution was presented by 11:59am. An appeal over the tenancy is due in July.

Who, what, where, when and why

What: Report matter: Court could use "brutal tools" to rule on Supermac's franchise dispute. Procedural stage: hearing_or_decision

When:

Why: Supermac's, counsel said, in order to ensure that its high standards are maintained as well as conforming with the layout its other 100 plus outlets, has a policy of carrying out all refurbishment works on its stores. CNI source report

Case subjects

Pat McDonagh

Applicant

Places mentioned

Court Venue
  • The High Court
  • High Court
Secondary Mention
Address Area
  • Ennis Road

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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