Finding a Mystery Circuit Court Case!

Arsenal1986

Hi there,

Does anybody know how I could go about finding a Circuit Court ruling when I know the legal issue and ruling but no specific details/names? Have searched throught Westlaw case reports and Courts.ie of no avail.

In case anybody might recognise the case, the following details are what I have to work with.

2000 decision. A Circuit Court judge invoked the Unfair Terms in Consumer Contracts Regs 1995 in order to refuse to grant a stay on proceedings before him, as required under S.5(1) of the Arbitration Act 1980. (Motor industry arbitration scheme and consumer). The decision was appealed to the High Court. (Judge had deemed the Motor Industry's default right of arbitrator appointment to be unfair)
Thanks if anybody could help would really appreciate it.

dermot_sheehan

Circuit Court cases are not reported (i.e. show up in the Irish Reports or the Irish Law Reports Monthly), and there are very few written circuit court decisions (I think theres one on courts.ie.

The newspaper reports might be all you have,

on that issue, I understand there is a decision of Kelly J. out there which states that the term in a standard form contract used by the construction industry which provided for an arbitrator to be appointed jointly by the head of the construction industry of ireland and the president of the law society to be an unfair term under the 1997 regulations

Reloc8

That Circuit Court decision you're in was in or around January 2000 I think...can't remember the judge...probably will be hard to find but the newspapers are likely the best place to start. I think i perhaps it went away (settled) before the Appeal came up.

Arsenal1986

Ok thank you both for your help!

Victor

gabhain7 wrote: »

on that issue, I understand there is a decision of Kelly J. out there which states that the term in a standard form contract used by the construction industry which provided for an arbitrator to be appointed jointly by the head of the construction industry of ireland and the president of the law society to be an unfair term under the 1997 regulations

Do you mean the RIAI form of contract where the parties agree an arbitrator or in the absensee of agreement the chairman of the CIArb nominates one?

Reloc8

No prob - just occurred to me, I think Buchanan J decided this point in the Circuit Court in a manner exactly against the 2000 decision (think Buchanan J's decision was in or around 95/96). That might start you off.