Sister held 50% share of property on resulting trust for brother

By: Mark Tottenham BL on 30/03/2012

E G v. E G [2012] IEHC 292 (High Court, Edwards J, 30 March 2012)

Trespass – assault – claim for injunction and account for rent and profits – counterclaim for ownership of lands – appeal from Circuit Court – full rehearing – transfer from mother of parties – whether resulting / constructive trust arose – presumption …



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Error in sentence was not ground for quashing conviction of assault on Garda.

By: Ciaran Joyce BL on 29/03/2012

Yeagar v DPP [2012] IEHC 67 (High Court, Charleton J, 20 March 2012)

High Court (Charleton J) refuses judicial review of Circuit Court conviction, where offender’s time served was not recorded on committal warrant.



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Security for costs ordered for Supreme Court appeals.

By: Mark Tottenham BL on 29/03/2012

Moorview Developments Ltd v. First Active PLC [2012] IESC 22 (Supreme Court, Macken J, 23 February 2012)

Supreme Court grants orders for security for costs in respect of appeals from the High Court of seven sets of proceedings.



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Forcible entry to hotel room and arrest of accused held lawful.

By: Ciaran Joyce BL on 29/03/2012

DPP v Byrne [2011] IECCA 105 (Court of Criminal Appeal, McKechnie J, 13 December 2011)

Court of Criminal Appeal refuses leave to appeal from conviction of murder, where incriminating admissions made by accused following raid of hotel room.



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Surrender under European arrest warrant postponed, pending trial in Ireland.

By: Mark Tottenham BL on 29/03/2012

Minister for Justice v. Murrell 2011 [IESC] 35 (Supreme Court, Macken J, 29 July 2011)

Supreme Court dismisses appeal from High Court, and affirms decision to postpone surrender under European arrest warrant pending determination of trial in Ireland.



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Property company entitled to challenge NAMA’s decision to enforce security and appoint receivers.

By: Mark Tottenham BL on 28/03/2012

Treasury Holdings v. National Asset Management Agency [2012] IEHC 66 (High Court, Finlay Geoghegan J, 22 March 2012)

High Court grants borrower leave to seek judicial review of decision by statutory asset management agency to enforce security and appoint receivers.



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“Road rage” personal injuries claim dismissed.

By: Mark Tottenham BL on 23/03/2012

Carr v. Olas [2012] IEHC 59 (High Court, Hogan J, 15 March 2012)

High Court dismisses personal injuries claim arising from accident triggered by plaintiff’s “road rage”.



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Operator of container vessel responsible for stevedore’s fall.

By: Mark Tottenham BL on 23/03/2012

Murphy v. Portroe Stevedores Ltd [2012] IEHC 48 (High Court, Charleton J, 15 March 2012)

High Court holds operator of container vessel, and not employer, responsible for injuries to stevedore after fall in hold.



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Minimum term of 14 years imposed for murder.

By: Ciaran Joyce BL on 23/03/2012

R v White [2012] NICC 9 (Crown Court, McFarland J, 23 March 2012)

Sentencing – murder – Article 5(2) of the Life Sentences (Northern Ireland) Order 2001 – Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 – determining the minimum term of imprisonment which must be served before Parole can be considered – …



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Taxing Master deliberately departed from High Court jurisprudence.

By: Mark Tottenham BL on 22/03/2012

Bourbon v. Ward [2012] IEHC 30 (High Court, Kearns P, 17 February 2012)

High Court allows appeal from ruling of Taxing Master, and remits matter for proper determination of fees charged by plaintiff solicitor in settled personal injuries claim.



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Costs awarded in habeas corpus inquiry.

By: Mark Tottenham BL on 22/03/2012

Rostas v. Governor of Mountjoy Prison [2012] IEHC 33 (High Court, Peart J, 2 February 2012)

High Court grants costs of Article 40 (habeas corpus) inquiry to prisoner where respondent failed to produce him to court on three separate occasions.



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Complaint against solicitor of misconduct could be referred to disciplinary tribunal.

By: Mark Tottenham BL on 21/03/2012

O'Sullivan v. Law Society of Ireland [2012] IESC 21 (Supreme Court, McKechnie J, 23 February 2012)

Supreme Court dismisses appeal from decision of High Court, and refuses judicial review of decision by Law Society to apply to the Solicitors Disciplinary Tribunal in respect of complaint of misconduct.



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Defamation claim, based on presumed internet publication, outside jurisdiction of Irish courts.

By: Mark Tottenham BL on 16/03/2012

Coleman v. MGN Ltd [2012] IESC 20 (Supreme Court, Denham CJ, 15 March 2012)

Supreme Court allows appeal from High Court, and declines jurisdiction over defamation case where claim was based on presumed internet publication of allegedly damaging photograph.



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Begging accused did not have burden of proving lack of legal authorisation.

By: Mark Tottenham BL on 16/03/2012

DPP v. Rostas [2012] IEHC 19 (High Court, White J (Michael), 31 January 2012)

High Court holds, by way of case stated, that in a trial for the offence of soliciting money without licence, the onus was on the prosecution to prove the lack of legal authorisation.



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Plaintiff held not to have been in employment of defendant when eye injury sustained.

By: Mark Tottenham BL on 16/03/2012

Donnelly v. LPB Building Services Ltd [2012] IEHC 17 (High Court, Peart J, 20 January 2012)

High Court dismisses claim for personal injuries sustained by plaintiff working in own garden, as he was not in the employment of the defendant at the material time.



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Asylum sought on political visit to Ireland.

By: Mark Tottenham BL on 16/03/2012

Bedane v. Refugee Appeals Tribunal [2012] IEHC 6 (High Court, Hogan J, 13 January 2012)

High Court grants leave to seek judicial review of asylum refusal, for politician who sought asylum while at conference in Ireland.



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Stay placed on deportation order pending hearing.

By: Mark Tottenham BL on 16/03/2012

P I v. Minister for Justice [2012] IEHC 7 (High Court, Hogan J, 11 January 2012)

High Court grants stay on deportation order pending application for leave to apply for judicial review.



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Unsuccessful challenge to refusal of subsidiary protection.

By: Mark Tottenham BL on 16/03/2012

N O v. Minister for Justice [2012] IEHC 472 (High Court, Ryan J, 14 December 2011)

High Court refuses leave to seek judicial review of refusal of subsidiary protection and of deportation order.



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Bank obtains summary judgment for over €4 million.

By: Mark Tottenham BL on 16/03/2012

Danske Bank v. Feeley [2011] IEHC 456 (High Court, Ryan J, 9 December 2011)

High Court grants judgment in sum of over €4 million, the defendants having failed to establish probability of bona fide defence.



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Accused’s incriminating comment to Garda ruled admissible.

By: Mark Tottenham BL on 16/03/2012

DPP v. McDonagh [2010] IECCA 127 (Court of Criminal Appeal, McKechnie J, 1 November 2010)

Court of Criminal Appeal refuses leave to appeal from conviction, where incriminating comment to Garda ruled admissible by trial judge.



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