Stare Decisis Hibernia

Extensive changes to composition, role and election of Seanad proposed in private members’ Bill

By: Mark Tottenham BL on 10/05/2013

Seanad Bill 2013 Read More

No constitutional right to suicide for disabled person in severe and unbearable pain

By: Mark Tottenham BL on 03/05/2013

Fleming v. Ireland [2013] IESC 19 (Supreme Court, Denham CJ, 29 April 2013)

Supreme Court dismisses appeal from High Court, and affirms refusal of declaration that offence of aiding or abetting suicide was unconstitutional, even for a person suffering severe and unbearable pain, on the grounds that there was no constitutional right to suicide.

No arguable defence established to claim of €88m

By: Mark Tottenham BL on 03/05/2013

EBS Ltd v. Campbell [2013] IEHC 154 (High Court, Birmingham J, 17 April 2013)

High Court grants summary judgment in sum of €88 million against separated husband and wife, having determined that husband’s defence of estoppel and wife’s defence of undue influence and coercion had no prospect of success.

Wife failed to establish equitable claim to funds in portfolio account

By: Mark Tottenham BL on 03/05/2013

Goodbody Stockbrokers v. Allied Irish Banks PLC [2013] IEHC 155 (High Court, Birmingham J, 16 April 2013)

High Court, in interpleader action, determines that bank was entitled to funds in portfolio account with stockbroker, by virtue of pledge agreement, and that the wife of the account holder had not established an equitable interest in the funds.

Discovery of financial information ordered in specific performance action

By: Mark Tottenham BL on 30/04/2013

O'Brien v. Nolan [2013] IEHC 160 (High Court, Birmingham J, 9 April 2013)

High Court, in specific performance action of contract for sale of lands, makes order for discovery of financial documents and documents relating to purchase of adjoining lands, and adjourns non-party discovery application with liberty to re-enter.

NAMA not entitled to a stay on request for environmental information pending appeal

By: Mark Tottenham BL on 30/04/2013

National Asset Management Agency -v- Commissioner for Environmental Information [2013] IEHC 166 (High Court, Mac Eochaidh J, 19 April 2013)

High Court refuses to grant a stay on request to National Asset Management Agency for environmental information, pending appeal to Supreme Court on issue of whether NAMA was a “public authority” for the purpose of such requests.

Transitional “rent schemes” for local authority housing under proposal in government Bill

By: Mark Tottenham BL on 29/04/2013

Housing (Amendment) Bill 2013 Read More

Regulation and administration of forestry sector under proposals in government Bill

By: Mark Tottenham BL on 29/04/2013

Forestry Bill 2013 Read More

Property tax repeal and reimbursement proposed in private member’s Bill

By: Mark Tottenham BL on 29/04/2013

Finance (Local Property Tax Repeal) Bill 2013 Read More

Proposals for financial stability and reform of banking sector in private member’s Bill

By: Mark Tottenham BL on 29/04/2013

Financial Stability and Reform Bill 2013 Read More

Examiner appointed to company after appointment of receiver had been set aside

By: Mark Tottenham BL on 29/04/2013

In Re The Belohn Ltd [2013] IEHC 151 (High Court, Finlay Geoghegan J, 18 April 2013)

High Court makes order appointing examiner to company and to related company, after the appointment of a receiver had been set aside.

Child with mental health and behavioural problems did not have school place

By: Mark Tottenham BL on 29/04/2013

AMcD v. Minister for Education [2013] IEHC 175 (High Court, O'Malley J, 17 April 2013)

High Court refuses to grant interlocutory injunction requiring the Minister for Education to provide a school place for a girl with mental health and behavioural problems, or to grant an interlocutory declaration of failure to meet her constitutional right to a primary education, on grounds that the applicant’s situation was not so extreme as to warrant interlocutory relief.