McAteer (Daniel) v Devine (Sean) & Devine (Mary), Fox (Brendan) Partner, Cleaver Fulton Rankin, Love (John) Partner, Moore Stephens Bradly McDaid and McAteer (Daniel) V Devine (Sean), McCarron (Stephen), Fox (Brendan), Partner, Cleaver Fulton Rankin, Love (John), Partner, Moore Stephens Bradley McDaid

JurisdictionNorthern Ireland
JudgeGillen LJ
Neutral Citation[2016] NICA 46
CourtCourt of Appeal (Northern Ireland)
Date23 November 2016
1
Neutral Citation: [2016] NICA 46 Ref:
GIL10084
Judgment: approved by the Court for handing down Delivered:
23/11/2016
(subject to editorial corrections)*
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
________
BETWEEN:
DANIEL McATEER
Plaintiff/Respondent;
-and-
(1) SEAN DEVINE
(2) MARY DEVINE
Defendants;
(3) BRENDAN FOX, PARTNER,
CLEAVER FULTON RANKIN
Defendant/Appellant;
(4) JOHN LOVE, PARTNER,
MOORE STEPHENS BRADLEY McDAID
Defendant.
-and-
BETWEEN:
DANIEL McATEER
Plaintiff/Respondent;
and
(1) SEAN DEVINE
(2) STEPHEN McCARRON
Defendants;
(3) BRENDAN FOX, PARTNER,
CLEAVER FULTON RANKIN
Defendant/Appellant;
(4) JOHN LOVE, PARTNER,
MOORE STEPHENS BRADLEY McDAID
Defendant;
________
Before: Gillen LJ and Madam Justice McBride
________

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  • Laurence Moffat and Dorothy Moffat and Daire Moffat and Conall Eoin Toland and Meabh Emily Toland
    • United Kingdom
    • Chancery Division (Northern Ireland)
    • October 7, 2021
    ...discovery, failing to be properly prepared for trial, failing to engage fully in attempts to resolve the dispute – see McAteer v Devine [2016] NICA 46. (ii) Circumstances leading to the litigation. (iii) Where a successful party raises issues or makes allegations improperly or unreasonably ......
  • McAteer (Daniel) v Fox (Brendan) Partner - Cleaver Fulton Rankin
    • United Kingdom
    • Court of Appeal (Northern Ireland)
    • February 1, 2019
    ...62 Rule 7 in lieu of taxation. [6] The ap pel lant appealed the decision in respect of costs. The Court of Appeal allowed his appeal [see [2016] NICA 46]. At paragraph 45 of i ts de cisi on the Co urt of Appeal referred the matter back to Weatherup LJ to indicate what percentage reduction h......
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    ...Chefflick Ltd V JDM Associates et al [1989] 22 Con LR 51 considered Leary v Leary (1987) 1 WLR 72 considered McAteer v Devine and others [2016] NICA 46 considered Palata Investments Lt v Burt & Sinfield Ltd [1985] 1 W.L.R. 109 applied Taaffe v Judge McMahon [2011] IEHC 408 applied Wilmott......
  • McAteer's (Daniel) Application (Leave stage) and in the matter of decisions of The Solicitors' Disciplinary Tribunal for Northern Ireland
    • United Kingdom
    • King's Bench Division (Northern Ireland)
    • October 7, 2022
    ...J fixed a defined amount which Mr McAteer should pay towards the defendant’s costs. That approach was successfully appealed (see [2016] NICA 46) and the matter was remitted to the trial judge in order for him to set a percentage contribution). Mr Fox then appealed the decision to require Mr......
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