DELLWAY INVESTMENT LIMITED, METROSPA LIMITED, BERKLEY PROPERTIES LIMITED, MAGINOTGRANGE LIMITED, MAY PROPERTY HOLDINGS LIMITED, SCI 20 PLACE VENDOME, DIRECTDIVIDE TRADING LIMITED, SUBMITQUEST LIMITED,

Leave to Appeal to Supreme Court

by Cathal N. Young, O'Reilly & Co. Solicitors & Notaries Public in Dublin
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DELLWAY INVESTMENT LIMITED, METROSPA LIMITED, BERKLEY PROPERTIES LIMITED, MAGINOTGRANGE LIMITED, MAY PROPERTY HOLDINGS LIMITED, SCI 20 PLACE VENDOME, DIRECTDIVIDE TRADING LIMITED, SUBMITQUEST LIMITED, BELFAST OFFICE PROPERTIES LIMITED, THE FORGE LIMITED PARTNERSHIP, FINBROOK INVESTMENTS LIMITED, CONNIS PROPERTY SERVICES LIMITED, FORMCREST CONSTRUCTION LIMITED, CHESTERFIELD (THE PAVEMENTS) SUBSIDIARY LIMITED, ABEY DEVELOPMENTS LIMITED AND PATRICK MCKILLEN -v- NATIONAL ASSET MANAGEMENT AGENCY (NAMA), IRELAND AND THE ATTORNEY GENERAL

JUDGMENT of the Court delivered the 8th day of November, 2010

1. Introduction

1.1 On Monday the 1st November 2010 this Court gave judgment on the substantive issues arising in these proceedings. For the reasons set out in that judgment (“the principal judgment”) the Court concluded that the claim brought by Mr. McKillen should fail. In this judgment terms are used with the same meaning as they were used in the principal judgment.

1.2 On Friday the 5th November counsel on behalf of Mr. McKillen sought from the Court a certificate which, at least one on one view, is necessary to allow Mr. McKillen to appeal to the Supreme Court on two of the issues which were the subject of the principal judgment, that is the fair procedures issue and the European State Aid issue. While it will be necessary to refer to the relevant statutory framework concerning such certificates in a little more detail later in this judgment, it is at least arguable that such a certificate is necessary in order that those matters be raised in an appeal. The possible requirement for such a certificate arises by virtue of the provisions of s.194 of the Act.

1.3 Counsel for NAMA and the State respondents opposed the application. This judgment is directed to the issues which arose. Amongst the matters referred to in argument was a question as to the extent to which a certificate is, in fact, necessary. In order to explain how that question arose i

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Reference Info: n/a | Ireland

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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