Appeal from drugs conviction dismissed

By: Mark Tottenham BL on 29/11/2011

DPP v. Malric [2011] IECCA 86 (Court of Criminal Appeal, Finnegan J, 24 November 2011)

Court of Criminal Appeal refuses leave to appeal from conviction in misuse of drugs trial. …



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Urrinbridge Ltd v. An Bord Pleanála – HC – Planning, withdrawal of appeal, jurisdiction of An Bord Pleanala

By: Mark Tottenham BL on 29/11/2011

Urrinbridge Ltd v. An Bord Pleanála [2011] IEHC 400 (High Court, MacMenamin J, 28 October 2011)

High Court grants order of certiorari in respect of decision by An Bord Pleanala to refuse planning permission, where appeal withdrawn by objector prior to notification of decision. …



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O’Meara v. Bank of Scotland – HC – Joint bank account, beneficial ownership, set-off

By: Mark Tottenham BL on 29/11/2011

O'Meara v. Bank of Scotland [2011] IEHC 402 (High Court, Laffoy J, 28 October 2011)

High Court holds: a) that plaintiff was entitled to beneficial ownership of monies in one bank account jointly held with her late husband, without right of set-off to the bank in respect of husband’s loans; and b) that the plaintiff did not have a bene …



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Forde v. Central Parking System Ireland – HC – Personal injuries, car clamper, injury to back, unconvincing evidence

By: Mark Tottenham BL on 28/11/2011

Forde v. Central Parking System Ireland Ltd [2011] IEHC 407 (High Court, Irvine J, 25 October 2011)

High Court dismisses claim for personal injuries allegedly sustained while fitting clamp to car. …



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Lindsay v. Finnerty – HC – Personal injuries, concurrent wrongdoers

By: Mark Tottenham BL on 25/11/2011

Lindsay v. Finnerty [2011] IEHC 403 (High Court, Peart J, 25 October 2011)

High Court: a) determines that drivers of separate vehicles were concurrent wrongdoers and shared liability for plaintiff’s injuries; b) apportions liability on 80:20 ratio between first two defendants; and c) assesses damages in the sum of €132,428. …



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A B v. Refugee Appeals Tribunal – HC – Judicial review, refusal of refugee status, alleged complicity in terrorist activities

By: Mark Tottenham BL on 25/11/2011

A B v. Refugee Appeals Tribunal [2011] IEHC 412 (High Court, , 10 November 2011)

High Court refuses judicial review of refusal to grant refugee status, but grants declaration that certain observations of the respondent concerning participation in terrorist activities were to be construed as obiter to the determination. …



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Troci v. Governor of Cloverhill – HC – Article 40, lawfulness of arrest, likelihood of evading deportation

By: Mark Tottenham BL on 24/11/2011

Troci v. Governor of Cloverhill [2011] IEHC 405 (High Court, Hogan J, 2 November 2011)

High Court directs release of applicant, on grounds that Gardaí did not have sufficient grounds to arrest him on suspicion of intention to evade deportation. …



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L H v. Minister for Justice – HC – Judicial review, second asylum application, refusal of consent

By: Mark Tottenham BL on 24/11/2011

L H v. Minister for Justice [2011] IEHC 406 (High Court, Cooke J, 28 October 2011)

High Court refuses leave to seek judicial review of decision by Minister to refuse consent to the making of a second asylum application, seven years after the first was deemed withdrawn. …



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I v. I – HC – Family law, schooling

By: Mark Tottenham BL on 24/11/2011

I v. I [2011] IEHC 411 (High Court, Abbott J, 8 July 2011)

High Court, on appeal from Circuit Court, affirms interlocutory order regarding the schooling arrangements of the child of separated parents. …



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McAuliffe v. O’Dwyer – HC – Misfeasance in public office, An Garda Siochana, contribution and indemnity

By: Mark Tottenham BL on 24/11/2011

McAuliffe v. O'Dwyer [2011] IEHC 270 (High Court, Clarke J (Frank), 13 May 2011)

High Court grants order that one defendant, An Garda Siochána, was entitled to a contribution from another defendant, an individual officer, of €30,000 towards the settlement of an action for misfeasance in public office, and an indemnity in respect of …



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Cleary v. DPP – SC – Judicial review, application to restrain trial, autrefois acquit

By: Mark Tottenham BL on 23/11/2011

Cleary v. DPP [2011] IESC 43 (Supreme Court, Hardiman J, McKechnie J, O'Donnell J, 23 November 2011)

Hardiman J (McKechnie J conc)(Full text): Judicial review – appeal from dismissal – trial for assault causing harm – consent by DPP to summary disposal of charge – summary jurisdiction accepted by District Court judge – failure of prosecution to attend …



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Termination of employment restrained by interlocutory injunction.

By: Mark Tottenham BL on 23/11/2011

Holland v. Athlone Institute of Technology [2011] IEHC 414 (High Court, Hogan J, 26 July 2011)

High Court grants injunction to restrain the termination of the plaintiff’s employment pending the final hearing of the action. …



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Holland v. Athlone Institute of Technology – HC – Employment, injunction, Croke Park Agreement

By: Mark Tottenham BL on 23/11/2011

Holland v. Athlone Institute of Technology [2011] IEHC 414 (High Court, Hogan J, 26 July 2011)

High Court grants injunction to restrain the termination of the plaintiff’s employment pending the final hearing of the action. …



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In the matter of Mr Binman – HC – Company law, examinership, prospect of survival

By: Mark Tottenham BL on 22/11/2011

In the matter of Mr Binman [2011] IEHC 401 (High Court, Finlay Geoghegan J, 2 November 2011)

High Court refuses petition for appointment of examiner to company, on grounds that there was no objective prospect of the company’s survival as a going concern. …



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Taaffe v. Judge McMahon – HC – Judicial review, uncontested application, measuring of costs

By: Mark Tottenham BL on 22/11/2011

Taaffe v. Judge McMahon [2011] IEHC 408 (High Court, Kearns P, 28 October 2011)

High Court holds that it has jurisdiction to measure costs in uncontested application for judicial review, but adjourns decision for 28 days to allow the parties “either to agree costs or to prepare an appeal to the Supreme Court”. …



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F F v. Refugee Appeals Tribunal – HC – Judicial review, asylum, political activity

By: Mark Tottenham BL on 22/11/2011

F F v. Refugee Appeals Tribunal [2011] IEHC 390 (High Court, Cooke J, 14 October 2011)

High Court refuses leave to seek judicial review of decision to refuse asylum. …



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A A v. Refugee Appeals Tribunal – HC – Judicial review, asylum

By: Mark Tottenham BL on 22/11/2011

A A v. Refugee Appeals Tribunal [2011] IEHC 389 (High Court, Cooke J, 12 October 2011)

High Court refuses leave to seek judicial review of decision to refuse asylum. …



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Nateel v. Minister for Justice – HC – Judicial review, refusal of asylum, unreasonableness

By: Mark Tottenham BL on 22/11/2011

Nateel v. Minister for Justice [2011] IEHC 392 (High Court, Hogan J, 27 October 2011)

High Court grants order of certiorari of refusal of asylum claim, where unreasonable grounds for refusal were given. …



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Anglo Irish Bank Corporation Ltd v. Collins – HC – Mortgage, guarantee, alteration after execution

By: Mark Tottenham BL on 21/11/2011

Anglo Irish Bank Corporation Ltd v. Collins [2011] IEHC 385 (High Court, Dunne J, 13 July 2011)

High Court grants judgment to plaintiff bank in the sum of €6,882,970.06 in respect of loan and guarantee agreement. …



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Jama v. Minister for Social Protection – HC – Social welfare entitlement, access to previous decisions

By: Mark Tottenham BL on 17/11/2011

Jama v. Minister for Social Protection [2011] IEHC 379 (High Court, Hedigan J, 11 October 2011)

High Court refuses application by way of judicial review for previous decisions of the respondent concerning social welfare entitlements. …



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