Stare Decisis Hibernia

Detention at airport lawful while investigations made as to status

By: Ciaran Joyce BL on 05/06/2013

High Court refuses to order release of an Albanian national who was being returned to Ireland from the Netherlands where he had landed on a false Greek passport, but was refused permission to land under immigration requirements, and was held at Dublin …

Stay of 12 months placed on Ponzi scheme trial

By: Ciaran Joyce BL on 05/06/2013

High Court: a) refuses to order prohibition of a criminal trial on charges of operating a pyramid scheme, on grounds that comments made by a judge in civil proceedings, print and television media concerning the applicant did not demonstrate that there …

No further information required from state that issued European arrest warrant

By: Ciaran Joyce BL on 05/06/2013

High Court, in European arrest warrant application, refuses to make a request to the issuing state of Latvia for additional documentation concerning decisions of criminal courts regarding the respondent, on grounds that it had sufficient information to …

District Court entitled to send accused for trial on indictment after hearing co-accused’s trial summarily

By: Ciaran Joyce BL on 05/06/2013

High Court refuses judicial review of decision by District Court judge to refuse summary jurisdiction on charge of assault causing harm, where the applicant’s co-accused had been tried summarily and acquitted, on grounds that it was open to the judge t …

Search warrant was not valid in law

By: Ciaran Joyce BL on 05/06/2013

High Court, way of case stated, finds that a search warrant of a garage was not valid in law because of an issue as to who had “control” over the premises, and that it was for the prosecution to prove that the warrant entitled the Gardaí to enter into …

Minister had no power to abolish transport allowances of senior executives

By: Aoife Budd BL on 05/06/2013

High Court quashes decision by Minister for Education to abolish “Transport Liaison Officer Allowance” paid to chief executive officers of vocational educational committees (VECs), on grounds that the decision could only have been made by the local VEC …

Reasonable suspicion that detained person intended to evade deportation

By: Ciaran Joyce BL on 04/06/2013

Seeruttun v. Governor of Cloverhill Prison [2013] IEHC 217 (High Court, Mac Eochaidh J, 16 May 2013)

High Court refuses to order release of Mauritian national in respect of whom a deportation order was made, on grounds there was no infirmity in either: 1) his arrest, in that he lied regarding his current address which gave the arresting garda reasonab …

Minor’s challenge to refusal of subsidiary protection had to be considered separately from that of her mother

By: James Cross BL on 04/06/2013

A.L.M. (An Infant) v. Minister for Justice [2013] IEHC 203 (High Court, McDermott J, 8 February 2013)

High Court refuses application to dismiss judicial review of refusal of subsidiary protection to minor, where her mother’s judicial review had failed for lack of candour, on grounds that the daughter’s claim had to be considered separately and distinct …

Challenge to validity of deportation order should have been brought as judicial review

By: James Cross BL on 04/06/2013

F.O. v. Minister for Justice [2013] IEHC 206 (High Court, Mac Eochaidh J, 9 May 2013)

High Court dismisses Nigerian national’s plenary claim for injunctive and declaratory relief in respect of entitlement to subsidiary protection, on grounds that claim was a collateral attack on the validity of a deportation order, which should have bee …

Garda duty of care to public in conduct of investigations to be heard as preliminary issue

By: Aoife Budd BL on 04/06/2013

Smyth v. Commissioner of An Garda Síochána [2013] IEHC 209 (High Court, Peart J, 16 May 2013)

High Court directs the trial of a preliminary issue as to whether An Garda Síochána owed a duty of care under the law of negligence, to the public with respect to how its investigations were carried out. …

District Court judge entitled to consult Oireachtas website to ensure that statutory provisions were in place

By: Ciaran Joyce BL on 04/06/2013

Mitchell v. Member in Charge, Terenure Garda Station [2013] IEHC 221 (High Court, Hogan J, 3 May 2013)

High Court refuses to order release of persons being held at Garda stations, on the grounds that their periods detentions had been lawfully extended, and that the District Judge had been entitled to consult the Houses of the Oireachtas website to estab …

Employee could not bring same claim in Equality Tribunal and High Court

By: Aoife Budd BL on 04/06/2013

Cunningham v. Intel Ireland Ltd [2013] IEHC 207 (High Court, Hedigan J, 15 May 2013)

High Court dismisses personal injuries claim against employer, on grounds that the employee had already issued a claim in the Equality Tribunal in respect of the same alleged mistreatment, which was an abuse of process. …