DPP v. Devine – CCA – Revocation of suspended sentence, jurisdiction of District Court and CCA

By Mark Tottenham BL in Finnegan J, Ireland Court of Criminal Appeal No Comments Tags: ,

DPP v. Devine [2011] IECCA 67 (19 October 2011)

Court of Criminal Appeal (Finnegan J) finds: a) that District Court had no jurisdiction to impose sentence on respondent without first remanding him to CCA for revocation of suspended sentence; and b) that CCA consequently had no jurisdiction to carry out its function in respect of the suspended sentence. (Full text.)

Criminal law – revocation of suspended sentence – s 99, Criminal Justice Act 2006 – failure of District Court judge to remand respondent to Court of Criminal Appeal More

DPP v. Dunbar – HC – Appeal against severity, manslaughter, life sentence

By Mark Tottenham BL in Ireland Court of Criminal Appeal, Macken J, Macken J No Comments Tags: ,

DPP v. Dunbar [2011] IECCA 68 (19 October 2011)

Court of Criminal Appeal (Macken J, judgment of court) refuses leave to appeal against severity of life sentence imposed for conviction of manslaughter. (Full text.)

Criminal law – severity of sentence – conviction of manslaughter – life sentence – alleged bias – weight placed on prior convictions – weight placed on disposal of deceased’s body – whether sentencing judge correctly applied relevant principles of law – whether More

Danish Polish Telecommunication Group v. Telekomunikacja Polska – HC – Arbitration, enforcement of international award, adjournment, security for costs

By Mark Tottenham BL in Finlay Geoghegan J No Comments Tags: ,

Danish Polish Telecommunication Group I/S v. Telekomunikacja Polska SA [2011] IEHC 369 (6 October 2011)

High Court (Finlay Geoghegan J): a) grants adjournment of application for recognition and enforcement of international arbitration award, pending the outcome of Austrian action to set aside award; and b) orders security for costs in the sum of €1.5 million. (Full text.)

Arbitration – recognition and enforcement of international award – Article 35(1) of the UNCITRAL Model Law – ss 8 and 23 of the Arbitration Act 2010 – award of over €268 million – arbitration in Vienna subject to challenge in Austrian courts – application for adjournment of Irish action – entitlement of court to adjourn decision on enforcement as distinct from placing a stay on decision already reached – Article 36(2) of Model Law – whether necessary for Irish court to determine questions of Austrian law – whether grounds for contending that Austrian proceedings may succeed in having award set aside – whether Irish court had jurisdiction to give leave to enforce part of award over which there was, allegedly, no contest – security for costs in the event of an adjournment -

Brostrom Tankers AB v. Factorias Vulcano SA [2004] 2 I.R. 191
Dalimpex Ltd. v. Janicki and Others (30th May, 2003) Case 509
Ipco (Nigeria) Ltd. v. Nigerian National Petroleum Corp. [2009] 1 All E.R. (Comm.) 611
Ipco (Nigeria) Ltd. v. Nigerian National Petroleum Corporation[2009] 1 All ER (Comm) 611
Soleh Boneh International Ltd v. Government of the Republic of Uganda and National Housing Corp [1993] 2 Lloyd’s Law Reports 208 at 212

S L v. Minister for Justice – HC – Judicial review, transposition of directive into law, subsidiary protection

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

S L v. Minister for Justice [2011] IEHC 370 (6 October 2011)

High Court (Cooke J refuses judicial review of transposition into Irish law of EU “procedures directive”. (Full text.)

Judicial review – transposition into national law of the provisions of Council Directive 2005/85/EC – “procedures directive” – qualifications directive – application for subsidiary protection made in response to letter proposing to deport applicant – whether Minister had been designated a “determining authority” – whether Ireland as member state obliged to implement a “one-stop” procedure for determining applications for both asylum and subsidiary protection – construction of directive – whether provision mandatory or permissive -

Case C-431/10 of 7th April, 2011[ 2011] ECR I-000
Case C-339/87 Commission v Netherlands [1990] ECR I-851

McDowell v. Roscommon County Council – HC – Judicial review, planning, extension of time of planning permission

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

McDowell v. Roscommon County Council [2004] IEHC 396 (21 December 2004)

High Court (Finnegan J) grants judicial review of decision by planning authority not to extend planning permission for property already under construction. (Full text.)

Judicial review – planning – decision by planning authority not to extend time of planning permission – purchase of property with benefit of planning permission – dwelling house under construction – application for extension of planning permission – whether dwelling under construction was that for which planning permission had been granted – s 42 Planning and Development Act 2000 – whether planning authority under obligation to extend planning permission where development already under construction.

State (McCoy) v Dun Laoghaire Corporation 1985 ILRM 533
Littondale Limited v Wicklow County Council 1996 2 ILRM 519
Garden Village Construction Company Limited v Wicklow County Council 1994 3 I.R. 413
Re Thomas Crowley 1964 I.R. 106
Kennedy v Law Society of Ireland, Supreme Court 20th December 2001
White v Dublin Corporation 2004 2 ILRM 509

English v.South Eastern Health Board – HC – Medical negligence, failure to diagnose ectopic pregnancy, psychiatric injury,

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

English v.South Eastern Health Board [2011] IEHC 362 (28 July 2011)

High Court (Ryan J) awards plaintiff damages in the sum of €75,000 for psychiatric injuries resulting from medical negligence, and apportions the damages 60:40 between the hospital and the consultant obstetrician and gynecologist. (Full text.)

Medical negligence – alleged failure to diagnose ectopic pregnancy – transfer to another hospital when plaintiff in serious condition – whether psychiatric problems attributable to alleged negligence – pre-existing psychiatric problems – assessment of damages – apportionment of damages.

Doherty v. Quigley – HC – Damages for sexual abuse, psychological injury, Statute of Limitations

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

Doherty v. Quigley [2011] IEHC 361 (5 July 2011)

High Court (Ryan J): a) finds that the defendant committed acts of sexual assault on the plaintiff in the late 1980s and early 1990s; b) finds that the plaintiff was suffering from a psychological injury sufficient to stop time running for the purposes of the limitation period; c) assesses general damages in the sum of €400,000. (Full text.)

Sexual abuse – personal injuries claim – person of unsound mind – ss 48 and 48A, Statute of Limitations 1957 – whether acts of sexual abuse committed – whether plaintiff was person of unsound mind or under a disability – whether s 48A applied – alleged abuse by Irish dancing teacher – sexual contact from age of 12-13 – abuse in late 1980s and early 1990s – proceedings commenced in 2006 – criminal proceedings resulting in jury disagreements and subsequent nolle prosequi – psychiatric evidence – alleged personality disorder – dissociation – definition of psychological injury – whether the will to bring an action is substantially impaired – whether the ability to make a reasoned decision is substantially impaired – severe post-traumatic stress disorder – assessment of damages.

F.W. v. J.W. Charleton J. 18th December, 2009
J. O’C v. D.P.P., [2000] 3 I.R. 478
B. v. D.P.P. [1997] 3 I.R. 140
M. v. N. [2005] 4 I.R. 461

Abama v. Gama Construction – HC – Jurisdiction of Irish courts, employment claim, doctrine of forum non conveniens

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

Abama v. Gama Construction Ltd [2011] IEHC 308 (25 February 2011)

High Court (Dunne J) refuses to grant stay of action relating to rates of pay, and determines that litigation should proceed in Ireland rather than Turkey. (Full text.)

Jurisdiction – practice and procedure – conditional appearance – whether Irish courts had jurisdiction – claim by employees relating to rates of pay – doctrine of forum non conveniens – Brussels Regulation EC 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters – whether another forum was the more appropriate forum for the trial of the action – whether discretion of court removed by Brussels Regulation – failure to endorse plenary summons with the recital required under Order 4, r. 1A – whether balance of justice required that proceedings be heard in Ireland, even if Turkey were the appropriate jurisdiction – plaintiffs resident in Turkey – requirement for interpreters – Registered Employment Agreement applicable to workers in Ireland – work on projects in Ireland.

Gama v Minister for Enterprise, Trade and Employment and Edward Nolan (Unreported, Supreme Court, 30th April, 2009)
Spielberg v. Rowley [2004] I.E.H.C. 384
Donohue v. Armco [2002] 1 All E.R. 749
Microsoft Ireland Operations Limited v. EIM International Electronics Limited and EIM Computerised Technologies Limited [2010] I.E.H.C. 228
Owusu v Jackson (trading as Villa Holidays Bal-Inn Villas) and Others [2005] E.C.R.I. 383
Goshawk Dedicated Limited and Others v. Life Receivables Ireland Limited [2008] I.E.H.C. 90 (Unreported, High Court, Clarke J. 27th February, 2008)
Spiliada Maritime Corporation v. Cansulex Limited [1987] A.C. 460
Intermetal Group Limited v. Worslade Trading Limited [1998] 2 I.R. 1
In Re. Harrods (Buenos Aires) Limited [1992] Doe v. Armour Pharmaceutical Company Incorporated [1994] 3 I.R. 78
MacShannon v. Rockware Glass Limited [1978] A.C. 795
McCarthy v. Pillay [2003] 1 I.R. 592
Schmidt v. The Home Secretary [1995] 1 ILRM 310

DPP v. Collins – CCA – Appeal from conviction, conspiracy to murder

By Mark Tottenham BL in Finnegan J, Finnegan J, Ireland Court of Criminal Appeal No Comments Tags:

DPP v. Collins [2011] IECCA 64 (19 October 2011)

Court of Criminal Appeal (Finnegan J, judgment of court) refuses leave to appeal from conviction for conspiracy to murder and solicitation to murder. (Full text.)

Criminal law – appeal from conviction – conspiracy to murder – soliciting to murder – disclosure – failure of prosecution to obtain documentation – failure to analyse material found in possession of co-accused – alibi evidence – refusal to discharge jury – related proceedings in US – whether disclosed material might inculpate somebody other than co-accused – whether non-availability of material rendered trial unfair – whether prejudice arose from e-mail incorrectly furnished to jury.

D.P.P. v Braddish [2001] 3 I.R. 127
DPP v McKevitt[2008] IESC 51
R v Day [1940] 1 ALL ER 402
Dawson v District Justice William Hamill [1989] I.R. 275
R. v. Harris [1927] 2 KB 587
R v. Hassam [1970] 1 QB 423

Spouse obtains windfall following settlement agreement.

By Mark Tottenham BL in Abbott J, Ireland High Court No Comments Tags:

Y G v. N G [2011] IESC 40 (19 October 2011)

Supreme Court (Denham C J, nem diss) allows appeal from High Court (Abbott J) and remits family law matter to High Court to reconsider the issue of proper provision for former spouse. (Full text.)

Family law – appeal from High Court – divorce – earlier separation agreement – “full and final settlement” clause – changes in fortunes of former spouses – High Court order directing, inter alia, payment of €600,000 to former wife, €300,000 to pension fund and €1 million for More

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