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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Order: chancery miscellaneous interim

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an order was made in the chancery court in dublin as follows ( Order: chancery miscellaneous interim ) What does this mean ? and what implications does it have on a persons property or assets ?


plus what does this mean going forward for the defendant ?


Buachaill :

1. At the outset, the Chancery High Court is one which deals with matters relating to property or assets or wills. Secondly an interim order is one made without the final hearing of the case occurring. This means that the order was made on a temporary or interim basis pending the final hearing of the action. The final orders in the case will have to be made after a full hearing of the matter. Thirdly, the use of the word miscellaneous is a procedural word used to describe the filing of the order internally in the High Court Central Office, which does not have any bearing on the actual order made.

Buachaill :

2. The meaning of the Order made will depend on its terms. It is impossible to know what the terms of a Chancery Miscellaneous interim Order are unless you read the actual order made. If you want to tell me what is in the body of the Order, then I will be able to tell you what the implications are for the person's property or assets who is named in the Order. Nor can I tell you what it means going forward for the Defendant unless you tell me the terms. Most interim orders are made after hearing only one side. So the Defendant can then go into court and seek to have the Order set aside or varied.

Buachaill :

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Customer:

it was to do with 3 defendants that took out a franchise contract with a supermarket chain and could not fullfill the agreement thats basiclly the nuts and bolts of the whole thing

Buachaill :

3. Well what were the terms of the Order made in the case?? What action was taken in the case?

Customer:

dont know havent just seen the order result not the details

Customer:

is there some where i cant get hold of the ruling ??

Buachaill :

3. You should get a copy of the Order made from the High Court Central Office. Any one who is a party can obtain a copy of the Order here. Otherwise you should get a copy from one of the parties in the action.

Buachaill :

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