O A Y A v. Refugee Appeals Tribunal – HC – Judicial review, refugee, risk of female genital mutilation

By: Mark Tottenham BL on 02/11/2011

O A Y A v. Refugee Appeals Tribunal [2011] IEHC 373 (High Court, Hogan J, 7 October 2011)

High Court (Hogan J) grants judicial review of refusal of refugee status, where Refugee Appeals Tribunal had insufficiently identified the risk to the infant applicant of female genital mutilation. …



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O’Hara v. ACC Bank – HC – Claim against financial institution, issue estoppel, accrual of cause of action

By: Mark Tottenham BL on 02/11/2011

O'Hara v. ACC Bank PLC [2011] IEHC 367 (High Court, Charleton J, 7 October 2011)

High Court (Charleton J) a) dismisses action by one plaintiff, on the grounds that the matter had already been substantially dealt with by the Financial Services Ombudsman; and b) refuses application to dismiss claim by another plaintiff, on the ground …



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G O’R v. DPP – HC – Judicial review, sexual offence, witness coaching

By: Mark Tottenham BL on 02/11/2011

G O'R v. DPP [2011] IEHC 368 (High Court, Charleton J, 7 October 2011)

High Court (Charleton J) refuses to restrain trial for sexual offence by way of judicial review, notwithstanding that complainant had undergone “role play” of court scenario with psychologist. …



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Donnellan v. Minister for Justice – HC – Employment law, Garda, compulsory retirement

By: Mark Tottenham BL on 01/11/2011

Donnellan v. Minister for Justice [2008] IEHC 467 (High Court, McKechnie J, 25 July 2008)

High Court (McKechnie J) dismisses plaintiff’s claim that his compulsory retirement as Assistant Garda Commissioner at the age of 60 was ultra vires the relevant legislation in breach of EU employment law. …



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Appeal of buggery and indecent assault convictions dismissed

By: Mark Tottenham BL on 01/11/2011

DPP v. Hardiman [2011] IECCA 69 (Court of Criminal Appeal, Macken J, 19 October 2011)

Court of Criminal Appeal refuses leave to appeal from conviction of buggery and indecent assault. …



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Questions asked by trial judge did not invalidate conviction

By: Mark Tottenham BL on 01/11/2011

DPP v. Hayes [2011] IECCA 65 (Court of Criminal Appeal, Macken J, 19 October 2011)

Court of Criminal Appeal refuses leave to appeal from conviction of assault causing serious harm, despite questions asked by trial judge. …



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