Medicall Ambulance Ltd -v- H. S. E., Competition law, “undertakings”

By Mark Tottenham BL in Cooke J No Comments Tags:

Medicall Ambulance Ltd -v- H. S. E. [2011] IEHC 76 (Cooke J, 8 March 2011)

High Court declares, by way of preliminary issue, that the HSE is an “undertaking” for the purposes of competition law when engaging in the provision of ambulance services. (Full text.)

Competition law – private ambulance operator – “booking protocol” – regime for allocation of transfers of patients – whether change of regime was ultra vires the respondent – whether abuse of dominant position – whether respondent qualified as “undertaking” – quantity and bulk of activity – whether engaged “for gain”.

Deane and Others v. Voluntary Health Insurance Board [1992] 2 I.R. 319

In re Arthur Average Association for British, Foreign & Colonial Ships (1875) L.R. 10 Ch. App. 542

SAT Fluggesellschalt mbH v. Eurocontrol [1994] E.C.R. 1-43,

Pavel Pavlov and Others v. SPMS [2000] E.C.R.1-6451

Carrigaline Company Limited v. Minister for Transport [1997] 1 I.L.R.M. 241

C-49/07 MOTOE, [2008] E.C.R. 1-4816

Case C-475/99, Ambulanz Glockner v. Landkreis [2001] ECR I-8089

H. S. E. -v- O’B, Mental health, jurisdiction of court to intervene

By Mark Tottenham BL in Birmingham J No Comments Tags:

H. S. E. -v- O’B. (a person of unsound mind not so found) [2011] IEHC 73 (Birmingham J, 3 March 2011)

High Court holds that it has inherent jurisdiction to intervene to safeguard interests of an adult who lacked mental capacity to make decisions about his own welfare. (Full text.)

Application by HSE in relation to capacity of respondent – intellectual disability – impairment of social functioning – lacking mental capacity to make decisions about welfare, including financial matters – best interests of respondent – inherent jurisdiction of court – Article 40.3, Irish Constitution – Article 5, ECHR.

D.G. v. E.H.B.Eastern Health Board [1997] 3 I.R. 511

Hutchison Reid v. U.K. (Application No. 50272/99(2003) 37 E.H.R.R. 9 )

Winterwerp v. The Netherlands, (24th October, 1979, Application No. 6301/73)

Re F (Adult: Court’s Jurisdiction) [2000] 2 F.L.R. 512

Re S.A. (Vulnerable Adult with Capacity Marriage) [2006] F.L.R. 867

Re S. (Adult Patient) (Inherent Jurisdiction: Family life) [2002] EWHC 2278 (FAM) [2003] 1 F.L.R. 292

Chikhi & Anor -v-MJELR, Residence card, delay in review

By Mark Tottenham BL in Cooke J No Comments Tags:

Chikhi & Anor -v-MJELR & Ors [2011] IEHC 53 (Cooke J, 18 February 2011)

High Court grants order of mandamus, directing Minister to review application for residence card within 28 days. (Full text.)

Judicial review – refusal of residence card – European Communities (Free Movement of Persons) (No. 2) Regulations 2006 – Algerian national married to Polish national – inability by Minister to verify that applicant was exercising rights – denial by alleged employer that applicant worked there – delay in review of decision.

Lamasz and Another v. Minister for Justice, Equality and Law Reform, High Court, 16th February 2011

Lamasz & Anor -v- MJELR, Residence card

By Mark Tottenham BL in Cooke J No Comments Tags:

Lamasz & Anor -v- MJELR [2011] IEHC 50 (Cooke J, 16 February 2011)

High Court grants judicial review of refusal of residence card by Minister. (Click here for full text.)

Judicial review – refusal of residence card – European Communities (Free Movement of Persons) No. 2 Regulations 2006 – Directive 2004/38/EC – marriage of Turkish national to Polish national – alleged unsatisfactory evidence of exercise of rights – entitlement of Minister to verify authenticity of application – whether Minister entitled to refuse application on grounds that his own staff were “unable to verify” employment of applicant.

Case C-215/03 Oulane [2005] RCR I-000

 

Saleem -v- MJELR, Immigration, statement of opposition

By Mark Tottenham BL in Cooke J No Comments Tags: ,

Saleem -v- MJELR [2011] IEHC 55 (Cooke J, 4 February 2011)

High Court directs that respondent replead statement of opposition to clarify position on certain issues in statement of grounds. (Click here for full text.)

Judicial review – application to strike out statement of opposition – failure to comply with Rules – action seeking certioriari of refusal of “Long Term Residency” – S.I. No. 287/2009, the Long Term Residency (Fees) Regulations 2009 – full and fair disclosure obligation – whether statement of opposition adequately sets out position of Minister on issues pleaded.

R. v. Lancashire County Council (ex parte Huddleston) [1986] 2 All E.R. 941

O.S.J.L. & Others v. Minister for Justice, Equality and Law Reform (Unreported, Cooke J., High Court, 1st February, 2011)

Laycock -v- Gaughan & Ors, Medical negligence

By Mark Tottenham BL in Quirke J No Comments Tags:

Laycock -v- Gaughan & Ors [2011] IEHC 52 (Quirke J, 21 January 2011)

High Court dismisses plaintiff’s claim for damages for alleged medical negligence. (Click here for full text.)

Medical negligence – diagnostic laparoscopy – puncture of blood vessel – salpingectomy – ectopic pregnancy – whether plaintiff established that defendant punctured blood vessel – causation – failure to carry out blood tests.

Dunne v. National Maternity Hospital [1989] I.R. 91

MJELR -v- Adam, European arrest warrant, delay

By Mark Tottenham BL in Edwards J No Comments Tags: , ,

MJELR -v- Adam [2011] IEHC 68 (Edwards J, 3 March 2011)

High Court orders surrender of respondent to the Czech Republic, notwithstanding significant prosecutorial delay. (Click here for full text.)

European arrest warrant – prosecutorial delay – Part 3 of the European Arrest Warrant Act 2003 – rights under Convention on Human Rights and protocols thereto – delays in rendering justice – whether justification for delay.

Minister for Justice, Equality and Law Reform v Stapleton [2008] 1 I.R. 669

Stogmuller v. Austria (1979-80) 1 EHRR 155

Zimmerman and Steiner v. Switzerland (1984) 6 EHRR 17

McFarlane v. Ireland, App No.31333/06

Muti v. Italy (1994) A. 281-C,

Sussman v. Germany (1998) 25 EHRR 64

Reid v. United Kingdom (2003) 37 EHRR 211

Philis v. Greece (No 2) (1997) 25 EHRR 417

Porter v. Magill [2002] 2 AC 357

P.M. v Malone [2002] 2 I.R. 560

P.M. v Director of Public Prosecutions [2006] 3 I.R. 172

Minister for Justice, Equality and Law Reform v Hall [2009] IESC 40

Giannangeli v. Italy, App No 41094/98, 5th July, 2001

Vilvarajah v. United Kingdom (1991) 14 EHRR 248

Minister for Justice, Equality & Law Reform v Altaravicius [ 2006] 3 I.R. 148

Minister for Justice, Equality & Law Reform v Brennan [2007] 3 I.R. 732

Minister for Justice, Equality & Law Reform v Gardener [2007] IEHC 35

T.H. v Director of Public Prosecutions [2006] 3 I.R. 520

A-G’s Reference (No 2 of 2001) [2003] UKHL 68; [2004] 2 A.C. 72; [2004] 1 All E.R. 1049

Minister for Justice, Equality and Law Reform v. Gheorge [2009] IESC 76

Minister for Justice, Equality and Law Reform v. Gorman [2010] IEHC 210

Saleem & Anor -v- MJELR, Refusal of residence card

By Mark Tottenham BL in Cooke J No Comments Tags:

Saleem & Anor -v- MJELR & Ors [2011] IEHC 49 (Cooke J, 16 February 2011)

High Court grants order of mandamus directing Minister to take a decision within 28 days on review of request for residence card. (Click here for full text.)

Judicial review – refusal of residence card – European Communities (Free Movement of Persons) No. 2 Regulations 2006 – Directive 2004/38/EC – marriage of Pakistani national to Polish citizen – entitlement of Minister to carry out reasonable checks – time within which decision must be made – duty to make decision within reasonable time.

Lamasz & Anor v. MJELR

Point Exhibition Co. Ltd v. Revenue Commissioners, [1993] 2 I.R. 551

MJELR -v- Sawczuk, European arrest warrant

By Mark Tottenham BL in Edwards J No Comments Tags: , ,

MJELR -v- Sawczuk [2011] IEHC 41 (Edwards J, 4 February 2011)

High Court orders surrender of respondent to Poland, notwithstanding allegations of inhumane prison conditions which might breach his human rights. (Click here for full text.)

European arrest warrant – prison conditions in Poland – whether surrender of respondent would breach rights under Convention on Human Rights – documents adduced by applicant – provenance – “official correspondence” – Framework Decision.

Minister for Justice, Equality and Law Reform v Ward [2008] IEHC 53

Minister for Justice, Equality & Law Reform v Sliczynski [2008] IESC 73

Minister for Justice, Equality and Law Reform v Stapleton [2008] 1 I.R. 669

Minister for Justice, Equality and Law Reform v Rettinger [2010] IEHC 206, [2010] IESC 45

In re Michael McLoughlin (Pharmacy) Ltd, Examinership, scheme of arrangement

By Mark Tottenham BL in Clarke J (Frank) No Comments Tags:

In re Michael McLoughlin (Pharmacy) Ltd [2011] IEHC 28 (Clarke J, 28 January 2011)

High Court approves revised schemes of arrangement in relation to two related companies, having been satisfied that certain issues had been resolved. (Click here for full text.)

Examinership – proposed schemes of arrangement – objections to schemes – exclusion clause – s. 438 of the Taxes Consolidation Act 1997 – directors’ loans – whether implied authority for inclusion of exclusion clause in scheme of arrangement – whether Oireachtas intended examiners to be immune from suit.

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