Jurisdiction(s):
Ireland

Irish Commercial Court refuses tenant’s mandatory injunction to recover Dublin offices from receivers: arrears, black-letter lease terms, adequate damages and peaceable re-entry findings

Published on: 26 November 2025

Published by a LexisNexis Ireland - Property expert

Legal News

Article summary

Disputes & Investigations—Irish High Court refuses to grant injunction allowing a commercial tenant a ‘free ride’ in Dublin properties

In Perfect Stripe Limited t/a Grafter v Fennell & others [2025] IEHC 585, the Commercial Court (Mr Justice Twomey) declined an interim injunction sought by a tenant aiming to retake three Dublin office premises from receivers who had assumed control after more than €3m in rent went unpaid.

Key takeaways

Another clear signal from the Irish High Court of the premium placed on certainty in leases, ensuring the documents reflect precisely what the parties mean.
Non‑payment of reserved rent as and when due poses a substantial obstacle for a tenant seeking to curb the actions of a lawfully appointed receiver over the asset.
At the injunction stage, the court gives marked emphasis to the black‑letter terms of the contract, as it cannot determine contested evidential matters at that juncture.

Background

Several special purpose vehicles within the McKillen Group (the landlords) owned three office properties in central Dublin (the properties),

This ruling reiterates that, at the interlocutory phase, contractual text governs; missed rent of over €3m weighs heavily against relief; and clarity in leasing papers is critical to reflect the parties’ intended bargain...

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