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

E G v. E G [2012] IEHC 292)

By: Mark Tottenham BL on 30/03/2012

High CourtEdwards J

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 of advancement – duress – estoppel.

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

Yeagar v DPP [2012] IEHC 67)

By: Ciaran Joyce BL on 29/03/2012

High CourtCharleton J

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

Security for costs ordered for Supreme Court appeals.

Moorview Developments Ltd v. First Active PLC [2012] IESC 22)

By: Mark Tottenham BL on 29/03/2012

Supreme CourtMacken J

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

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

DPP v Byrne [2011] IECCA 105)

By: Ciaran Joyce BL on 29/03/2012

Court of Criminal AppealMcKechnie J

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

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

Minister for Justice v. Murrell 2011 [IESC] 35)

By: Mark Tottenham BL on 29/03/2012

Supreme CourtMacken J

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

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

Treasury Holdings v. National Asset Management Agency [2012] IEHC 66)

By: Mark Tottenham BL on 28/03/2012

High CourtFinlay Geoghegan J

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

“Road rage” personal injuries claim dismissed.

Carr v. Olas [2012] IEHC 59)

By: Mark Tottenham BL on 23/03/2012

High CourtHogan J

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

Operator of container vessel responsible for stevedore’s fall.

Murphy v. Portroe Stevedores Ltd [2012] IEHC 48)

By: Mark Tottenham BL on 23/03/2012

High CourtCharleton J

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

Minimum term of 14 years imposed for murder.

R v White [2012] NICC 9)

By: Ciaran Joyce BL on 23/03/2012

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 – high likelihood of general re-offending and a significant risk of serious harm to the public – brutal murder of Polish National – subsidiary role in the assault – higher tariff of sentence due to nature of murder

 

 

Taxing Master deliberately departed from High Court jurisprudence.

Bourbon v. Ward [2012] IEHC 30)

By: Mark Tottenham BL on 22/03/2012

High CourtKearns P

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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