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Appeal from drugs conviction dismissed

DPP v. Malric [2011] IECCA 86)

By: Mark Tottenham BL on 29/11/2011

Court of Criminal AppealFinnegan J

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

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

Urrinbridge Ltd v. An Bord Pleanála [2011] IEHC 400)

By: Mark Tottenham BL on 29/11/2011

High CourtMacMenamin J

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grants order of certiorari in respect of decision by An Bord Pleanala to refuse planning permission, where appeal withdrawn by objector prior to notification of decision.

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

O'Meara v. Bank of Scotland [2011] IEHC 402)

By: Mark Tottenham BL on 29/11/2011

High CourtLaffoy J

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 beneficial interest in monies in another joint bank account.

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

Forde v. Central Parking System Ireland Ltd [2011] IEHC 407)

By: Mark Tottenham BL on 28/11/2011

High CourtIrvine J

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

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

Lindsay v. Finnerty [2011] IEHC 403)

By: Mark Tottenham BL on 25/11/2011

High CourtPeart J

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.

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

A B v. Refugee Appeals Tribunal [2011] IEHC 412)

By: Mark Tottenham BL on 25/11/2011

High Court

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.

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

Troci v. Governor of Cloverhill [2011] IEHC 405)

By: Mark Tottenham BL on 24/11/2011

High CourtHogan J

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.

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

L H v. Minister for Justice [2011] IEHC 406)

By: Mark Tottenham BL on 24/11/2011

High CourtCooke J

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.

I v. I – HC – Family law, schooling

I v. I [2011] IEHC 411)

By: Mark Tottenham BL on 24/11/2011

High CourtAbbott J

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

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

McAuliffe v. O'Dwyer [2011] IEHC 270)

By: Mark Tottenham BL on 24/11/2011

High CourtClarke J (Frank)

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 costs.

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