By Mark Tottenham BL in O'Donnell J No Comments Tags: Assessment of damages, Legitimate expectation
Lett & Company Ltd v. Wexford Borough Council [2012] IESC 14
(Supreme Court, O’Donnell J (nem diss), 3 February 2012)
Supreme Court reduces award of damages for breach of legitimate expectation from €1.15 million to €650,000. (Full text.)
Restriction on use of mussel beds – compensation – legitimate expectation – appeal from High Court (Clarke J) – compensation assessed at €1.15 million – regulation of aquaculture by Fisheries (Amendment) Act 1997 – requirement for More
By Mark Tottenham BL in Denham CJ No Comments Tags: Constitutional law, Criminal judicial review, Policing law
Damache v. DPP [2012] IESC 11
(Supreme Court, Denham CJ (judgment of the court), 23 February 2012)
Supreme Court grants declaration that s 29(1) of the Offences against the State Act 1939 (as amended) was repugnant to the constitution, as it permitted search of dwelling house on foot of warrant issued by a person who was not independent. (Full text.)
Criminal law – judicial review – constitutionality of statute – s. 29(1), Offences against the State Act, 1939 (as inserted by s. 5 of the Criminal Law Act, 1976) – issue of search warrant by Garda who was member of investigating team – More
By Mark Tottenham BL in Fennelly J No Comments Tags: Personal injuries
Goodwin v. Bus Éireann [2012] IESC 9
(Supreme Court, Fennelly J (nem diss), 23 February 2012)
Supreme Court dismisses appeal from High Court’s failure to dismiss personal injuries claim for allegedly false or misleading evidence. (Full text.)
Personal injuries – application to dismiss claim – fraudulent exaggeration of claim – liability admitted – s 26, Civil Liability and Courts Act, 2004 – award of €260,779 in High Court – film by private investigator – claim that plaintiff had More
By Mark Tottenham BL in Finnegan J No Comments Tags: Company law, Private international law
In Re Flightlease (Ireland) Ltd [2012] IESC 12
(Supreme Court, Finnegan J, O’Donnell J (concurring) (nem diss), 23 February 2012)
Supreme Court dismisses notice to vary, dismisses appeal from High Court, and affirms decision that order sought in Swiss proceedings would not be enforceable in Irish court.
Finnegan J (Full text.): Company law – winding up – appointment of liquidators – claim by Swiss creditor – proceedings in Swiss courts – conflict of law – s 280 Companies Act 1963 – whether order of Swiss court enforceable in Ireland – whether action “in More
By Mark Tottenham BL in Denham CJ No Comments Tags: Constitutional law, Criminal law, Human rights
M D v. Ireland [2012] IESC 10
(Supreme Court, Denham CJ (nem diss), 23 February 2012)
Supreme Court dismisses appeal from High Court, and upholds constitutionality of offence of engaging with sexual act with child under 17, notwithstanding exclusion of female children from prosecution. (Full text.)
Criminal law – constitutionality of statute – appeal from High Court (Dunne J) – s. 3(1) and s. 5, Criminal Law (Sexual Offences) Act 2006 – act of buggery with female under the age of 17 – accused aged 15 at time of alleged offence – More
By Mark Tottenham BL in Denham CJ, Hardiman J No Comments Tags: Environmental law, Taxation
Viridian Power Ltd v. Commission for Energy Regulation [2012] IESC 13
(Supreme Court, Hardiman J (with him Murray J, Macken J), Denham CJ (dissenting), McKechnie J (dissenting), 23 February 2012)
Supreme Court allows appeal from High Court, and quashes directive from Commission for Energy Regulation prohibiting carbon emissions levy from being “bidded in” to bid for supply of electricity.
Hardiman J (Full text.): Judicial review – electricity generation – carbon allowances – appeal from High Court (Clarke J) – emission trading allowances (“carbon allowances”) – European Communities (Greenhouse Gas Emission More
By Mark Tottenham BL in Hogan J No Comments Tags: Asylum and immigration, Judicial review
Aslam v. Minister for Justice [2011] IEHC 512
(High Court, Hogan J, 29 December 2011)
High Court grants injunction restraining deportation of heavily pregnant applicant by sea or air, but permits her to be transferred by road to Northern Ireland, she having failed to notify Minister of proxy Islamic marriage at appropriate juncture. (Full text.)
Judicial review – application for interim injunction restraining respondents from removing applicant from state – transfer order – order to remove pregnant applicant to UK to determine asylum status – Article 9(4), Council Regulation More
By Mark Tottenham BL in Laffoy J No Comments Tags: Company law, Costs
In Re Skyway Tours Ltd; Doyle v. Bergin (No 2) [2011] IEHC 518
(High Court, Laffoy J, 20 December 2011)
High Court awards costs of s 205 petition to petitioner, except costs of valuation evidence, and awards costs of valuation evidence to respondent by way of offset, after Calderbank letter opened to court. (Full text.)
Company law – costs – oppression of minority shareholder – s 205, Companies Act 1963 – whether respondent entitled to costs – where petitioner had not succeeded on all issues – whether petitioner had unnecessarily elongated More
By Mark Tottenham BL in Edwards J No Comments Tags: European arrest warrant
Minister for Justice v. McGuigan [2011] IEHC 514
(High Court, Edwards J, 9 December 2011)
High Court refuses application to adduce oral testimony in European arrest warrant hearing, and refuses to direct issuing state to adduce evidence challenging allegations of inhuman treatment in prisons of issuing state. (Full text.)
European arrest warrant – alleged terrorism and trafficking of weapons, munitions and explosives – application to adduce oral testimony – witnesses as to likely inhumane and degrading treatment in custody in requesting state – s More
By Mark Tottenham BL in Laffoy J No Comments Tags: Co-ownership of land, Law of trusts, Partition of land, Probate law
Cawley v. Lillis [2011] IEHC 515
(High Court, Laffoy J, 6 December 2011)
High Court determines that joint tenancy accrued to husband guilty of wife’s manslaughter but that half of property was held as constructive trust for wife’s estate. (Full text.)
Property law – trust – probate – joint tenancy – will executed in 1993 naming husband as executor – conviction of defendant of husband of testatrix – s 120, Succession Act 1965 – preclusion of husband from taking any share in More