Mayo cattle dealer Finbar Tolan is appealing to the European Court of Human Rights (ECHR) regarding a judgment made against him in the case of Tolan v. Aurivo Co-op by the Court of Appeal earlier this year. The decision to appeal to the ECHR was made after leave to appeal to the Supreme Court was rejected.
The Irish Farmers Journal understands that Aurivo’s legal team has been notified that Tolan’s representation is currently in the process of preparing its appeal to the ECHR. The ECHR was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
This is the third court to which Tolan has applied to appeal a judgment made against him by the High Court in May 2015. The Court of Appeal was the first court to which he applied and it accepted his leave to appeal. However, the appeal was unanimously dismissed by the court in May 2016.
High Court case
During the original High Court case in May 2015, Tolan claimed that Aurivo Co-op cost him €4.5m in business by withdrawing credit from him and barring him from attending its marts in Ballinrobe and Balla, Co Mayo, as well as Ballymote, Co Sligo. Tolan claimed he had a formal contract with the co-op and that its actions in ending its dealings with him three years ago amounted to a breach of contract.
The basis of Tolan’s claims against Aurivo was a document dated 16 July 2012 and signed by the managers of the three marts, as well as Martin Walsh, Aurivo’s general manager for marts.
However, Justice Nicholas Kearns, then president of the High Court, found that the business relationship between Tolan and the co-op was not governed by any binding legal requirement and ordered costs to be paid in favour of Aurivo. Following this, Tolan applied for leave to appeal to the Court of Appeal, which dismissed the case in its entirety in May this year.
Tolan then applied for leave to appeal his case to the Supreme Court, which was rejected, after which he chose to prepare his appeal to the ECHR.
Aurivo v. Tolan
The stakes in the case of Tolan v. Aurivo are made much higher by a separate judgment that went to the Supreme Court in November 2013, in which the High Court ordered Tolan to pay more than €150,000 owed to Aurivo as their relationship deteriorated. The execution of this judgment had been suspended until judgment on Tolan’s appeal was heard.
A stay is still in place on the matter of costs relating to this case, as well as on costs relating to Tolan’s appeal of the May 2015 High Court judgment. However, further discussion on the costs relating to both cases is due to take place between both sides in the Court of Appeal in October 2016.
Read more
Stay on costs in Tolan v Aurivo
Mayo cattle dealer Finbar Tolan is appealing to the European Court of Human Rights (ECHR) regarding a judgment made against him in the case of Tolan v. Aurivo Co-op by the Court of Appeal earlier this year. The decision to appeal to the ECHR was made after leave to appeal to the Supreme Court was rejected.
The Irish Farmers Journal understands that Aurivo’s legal team has been notified that Tolan’s representation is currently in the process of preparing its appeal to the ECHR. The ECHR was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
This is the third court to which Tolan has applied to appeal a judgment made against him by the High Court in May 2015. The Court of Appeal was the first court to which he applied and it accepted his leave to appeal. However, the appeal was unanimously dismissed by the court in May 2016.
High Court case
During the original High Court case in May 2015, Tolan claimed that Aurivo Co-op cost him €4.5m in business by withdrawing credit from him and barring him from attending its marts in Ballinrobe and Balla, Co Mayo, as well as Ballymote, Co Sligo. Tolan claimed he had a formal contract with the co-op and that its actions in ending its dealings with him three years ago amounted to a breach of contract.
The basis of Tolan’s claims against Aurivo was a document dated 16 July 2012 and signed by the managers of the three marts, as well as Martin Walsh, Aurivo’s general manager for marts.
However, Justice Nicholas Kearns, then president of the High Court, found that the business relationship between Tolan and the co-op was not governed by any binding legal requirement and ordered costs to be paid in favour of Aurivo. Following this, Tolan applied for leave to appeal to the Court of Appeal, which dismissed the case in its entirety in May this year.
Tolan then applied for leave to appeal his case to the Supreme Court, which was rejected, after which he chose to prepare his appeal to the ECHR.
Aurivo v. Tolan
The stakes in the case of Tolan v. Aurivo are made much higher by a separate judgment that went to the Supreme Court in November 2013, in which the High Court ordered Tolan to pay more than €150,000 owed to Aurivo as their relationship deteriorated. The execution of this judgment had been suspended until judgment on Tolan’s appeal was heard.
A stay is still in place on the matter of costs relating to this case, as well as on costs relating to Tolan’s appeal of the May 2015 High Court judgment. However, further discussion on the costs relating to both cases is due to take place between both sides in the Court of Appeal in October 2016.
Read more
Stay on costs in Tolan v Aurivo
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