Lynch v. Darlington Properties Ltd – HC – Garnishee order, guarantee, priority, crystallisation of floating charge

By: Mark Tottenham BL on 23/08/2011

Lynch v. Darlington Properties Ltd [2011] IEHC 273 (High Court, Peart J, 6 July 2011)

High Court (Peart J) refuses application for absolute order of garnishee.



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OS v. MJELR – HC – Refusal of refugee status, exercise of discretion of Minister

By: Mark Tottenham BL on 23/08/2011

OS v. MJELR [2011] IEHC 291 (High Court, Hogan J, 7 July 2011)

High Court (Hogan J) refuses judicial review of decision by Minister to refuse declaration of refugee status.



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JA v. MJELR – HC – Refusal to revoke deportation orders

By: Mark Tottenham BL on 23/08/2011

JA v. MJELR [2010] IEHC 520 (High Court, Ryan J, 15 December 2010)

High Court (Ryan J) refuses leave to seek judicial review of decision by Minister to refuse to revoke deportation orders.



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FA v. Refugee Appeals Tribunal – HC – Refusal of refugee status

By: Mark Tottenham BL on 23/08/2011

FA v. Refugee Appeals Tribunal [2010] IEHC 517 (High Court, Ryan J, 5 November 2010)

High Court (Ryan J) refuses leave to seek judicial review of decision by Refugee Appeals Tribunal refusing declaration of refugee status.



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Spellman v. DPP – HC – Criminal trial, failure to preserve evidence, CCTV footage

By: Mark Tottenham BL on 23/08/2011

Spellman v. DPP [2010] IEHC 506 (High Court, Irvine J, 10 June 2010)

High Court (Irvine J) refuses application for prohibition / injunction restraining criminal trail on the grounds of non-availability of CCTV footage.



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Discovery of documents refused prior to delivery of defence

By: Mark Tottenham BL on 23/08/2011

McKeown v. Dairygold Trading Ltd [2011] MR 1 (High Court, Honohan (Master), 11 March 2011)

Master of the High Court refuses application for discovery of medical records and names and addresses of witnesses.



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School admissions policy did not discriminate against travelling community.

By: Mark Tottenham BL on 22/08/2011

Christian Brothers High School Clonmel v. Stokes [2011] IECC 1 (, , 25 July 2011)

Circuit Court (Judge Teehan) allows appeal from Equality Officer, and determines that admissions policy of school was not in breach of equal status legislation.



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Industrial relations legislation declared unconstitutional, and employment regulations orders thus invalid.

By: Mark Tottenham BL on 22/08/2011

John Grace Fried Chicken Ltd v. Catering Joint Labour Committee [2011] IEHC 277 (High Court, Feeney J, 7 July 2011)

High Court (Feeney J) grants declarations i) that certain provisions of the Industrial Relations Acts 1946 and 1990 were unconstitutional and ii) that an Employment Regulations Order made by the defendant was invalid as a consequence.



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All Saints National School v. Courts Service – HC – Right of way, equitable easement

By: Mark Tottenham BL on 19/08/2011

All Saints National School v. Courts Service [2011] IEHC 274 (High Court, Peart J, 6 July 2011)

High Court (Peart J) finds that an equitable easement had arisen in respect of access to school through grounds of courthouse, subject to considerations of safety for users of the courthouse premises.



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DPP v. Finnegan – CCA – Misuse of drugs, definition of possession, charge to jury

By: Mark Tottenham BL on 19/08/2011

DPP v. Finnegan [2011] IECCA 47 (Court of Criminal Appeal, Macken J, 28 July 2011)

Court of Criminal Appeal (Macken J, judgment of court) refuses leave to appeal from conviction of possession of drugs with intent to supply.



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DPP v. Stephen Carney – CCA – Murder, evidence, photographs

By: Mark Tottenham BL on 19/08/2011

DPP v. Stephen Carney [2011] IECCA 53 (Court of Criminal Appeal, Macken J, 4 July 2011)

Court of Criminal Appeal (Macken J, judgment of court) refuses leave to appeal from conviction of murder.



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DPP v. District Judge Ryan – HC – Judicial review, strike out of complaint by District Court

By: Mark Tottenham BL on 12/08/2011

DPP v. District Judge Ryan [2011] IEHC 280 (High Court, Kearns P, 19 July 2011)

High Court (Kearns P) refuses judicial review of decision by District Court judge to strike out a complaint of sexual assault following a plea of guilty and a contribution to charity.



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MJELR v. Sliwa – HC – European arrest warrant, double jeopardy

By: Mark Tottenham BL on 12/08/2011

MJELR v. Sliwa [2011] IEHC 271 (High Court, Edwards J, 6 July 2011)

High Court (Edwards J) directs the surrender of the applicant to Poland pursuant to a European arrest warrant, notwithstanding that he had previously been acquitted of the same offences.



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In the matter of Nalto Construction Ltd – HC – Restoration of company, application by Revenue Commissioners, costs

By: Mark Tottenham BL on 12/08/2011

In the matter of Nalto Construction Ltd [2011] IEHC 251 (High Court, Laffoy J, 22 June 2011)

High Court (Laffoy J) grants order to restore company to the register, but orders that costs of respondent be paid by applicant (Revenue Commissioners).



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AAA v. MJELR – HC – Judicial review, application for leave, costs

By: Mark Tottenham BL on 12/08/2011

AAA v. MJELR [2010] IEHC 518 (High Court, Ryan J, 30 November 2010)

High Court (Ryan J) refuses application for costs of a successful application for leave to seek judicial review, and reserves the costs to the hearing of the full application.



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PO v. MJELR – HC – Refusal of refugee status, country of origin information, internal relocation

By: Mark Tottenham BL on 12/08/2011

PO v. MJELR [2010] IEHC 513 (High Court, Ryan J, 22 October 2010)

High Court (Ryan J) refuses judicial review of decision of the Refugee Appeals Tribunal to refuse applicant refugee status.



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Desmond Murtagh Construction Ltd v. Hannan – HC – Specific performance, contracts for sale of property

By: Mark Tottenham BL on 08/08/2011

Desmond Murtagh Construction Ltd v. Hannan [2011] IEHC 276 (High Court, Kelly J, 28 July 2011)

High Court (Kelly J) grants order of specific performance of 22 contracts for sale of property and the related building agreements.



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City of Waterford Vocational Educational Committee v. Secretary General of the Dept of Education – HC – Expulsion of pupil, appeals committee, requirement to re-admit

By: Mark Tottenham BL on 08/08/2011

City of Waterford Vocational Educational Committee v. Secretary General of the Dept of Education [2011] IEHC 278 (High Court, Charleton J, 27 July 2011)

High Court (Charleton J) grants order of certiorari of decision by appeals committee to require school to re-admit pupil following expulsion, and remits matter to fresh hearing.



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JVC Europe Ltd v. Panisi – HC – Unfair dismissal, purported redundancy, redress

By: Mark Tottenham BL on 08/08/2011

JVC Europe Ltd v. Panisi [2011] IEHC 279 (High Court, Charleton J, 27 July 2011)

High Court (Charleton J) finds that plaintiff was unfairly dismissed under the pretext of a redundancy, and awards redress in the sum of €197,000.



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GH v. I and G – SC – Costs, revenue investigation, order to provide information

By: Mark Tottenham BL on 08/08/2011

GH v. I and G [2011] IESC 31 (Supreme Court, Denham CJ, 29 July 2011)

Supreme Court (Denham CJ) dismisses appeal from decision of High Court (O’Sullivan J) awarding costs to respondent in application by revenue for information relating to investigation of bogus non-resident bank accounts.



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