Birmingham J

Local authority entitled to find that realignment of roadway complied with planning condition.

By Mark Tottenham BL in Birmingham J, Ireland High Court No Comments Tags: ,

Rowan v. Kerry County Council [2012] IEHC 65
(High Court, Birmingham J, 17 February 2012)

High Court refuses judicial review of decision by local authority to confirm that realignment of a public road was in compliance with planning condition.

Judicial review – planning – confirmation by local authority that public road had been realigned in compliance with planning condition – application for planning permission for construction of family home – payment of financial contribution – whether road had been realigned – whether realignment More

No evidence of undue influence over plaintiff’s former barrister.

By Mark Tottenham BL in Birmingham J No Comments Tags: ,

McMullen v. Kennedy [2012] IEHC 28
(High Court, Birmingham J, 6 February 2012)

High Court dismisses claim of undue influence allegedly exercised by defendant over plaintiff’s former barrister.

Action against solicitor – undue influence allegedly exercised over plaintiff’s former barrister – protracted history of litigation dating back to 1982 – settlement of action – assurance by senior counsel and solicitor that in the event that the settlement did More

Judge failed to recuse himself, having acted for drink driving accused as solicitor.

By Mark Tottenham BL in Birmingham J No Comments Tags: ,

Keegan v. Judge Kilrane [2011] IEHC 516
(High Court, Birmingham J, 26 October 2011)

High Court quashes drink driving conviction on grounds that judge should have recused himself, having acted for accused as solicitor. (Full text.)

Judicial review – conviction of drink driving – failure of judge to recuse himself – objective bias – judge acted for accused when a solicitor – delay in seeking relief – whether trial judge entitled to conclude that application to recuse made More

Court refuses to dismiss claim arising from alleged loan agreement.

By Mark Tottenham BL in Birmingham J No Comments Tags: , ,

Burke v. Anglo Irish Bank Corporation PLC [2011] IEHC 478
(High Court, Birmingham J, 15 December 2011)

High Court refuses to dismiss claim against bank by disappointed borrowers. (Full text.)

Contract law – application to strike out claim – contract for loan to purchase building sites – failure of bank to advance funds – inability to complete contract to purchase – letter of offer addressed to limited company – involvement of plaintiffs More

Court entitled to release care reports to family member following death of child in care.

By Mark Tottenham BL in Birmingham J No Comments Tags: ,

HSE v. McAnespie [2011] IEHC 477
(High Court, Birmingham J, 15 December 2011)

High Court holds, on case stated from District Court (inter alia): a) that a child care order was determined on the death of the child; b) that the District Court had power to release documents concerning the care of the child to family members; c) that the court had jurisdiction to allow the media to report on the relevant matters, subject to restrictions. (Full text.)

Child care – case stated to High Court from District Court – death of child in care – application following death of child for access to reports prepared by guardian ad litem – 26 reports prepared concerning child’s family, 14 of which concerned More

AU v. TNU – HC – Child abduction, wrongful removal, application for return of children

By Mark Tottenham BL in Birmingham J 1 Comment Tags:

AU v. TNU [2011] IEHC 268 (13 July 2011)

High Court (Birmingham J) refuses to order the return of children to New York state, despite wrongful removal by mother. (Full text.)

Child abduction – removal of children from jurisdiction by mother – Child Abduction and Enforcement of Custody Orders Act 1991 – Article 3, Hague Convention – order of custody by court of New York state – whether removal of children was wrongful – whether court of New York had authority to modify child custody arrangements – whether return of children would place them at risk of harm – behaviour of father – criminal history – requirement that undertakings be made in respect of contact by father – views of children – whether circumstances exceptional.

G.T. v. K.A.O. [2008] 3 I.R. 567
H.L. v. M.G. [2000] 1 I.R. 110
Nottinghamshire County Council v. B. (Unreported, High Court, Finlay Geoghegan J., 26th January 2010)
A.S. v. P.S. [1998] 2 I.R. 244
Friedrich v. Friedrich (1996) 78F 3d 1060
R.K. v. R.K. [2000] 2 I.R. 416
Z.D. v. K.D. [2008] 4 I.R. 751
Re T. (Abduction; Child’s Objections to Return) [2000] 2 F.L.R. 192
B.B. v. J.B. [1998] I.L.R.M. 136
E.M. v. J.M. [2003] 3 I.R. 178
T.M.M. v. M.D. [2000] 1 I.R. 149
S. v. S. [1993] 1 FAM 242 (C.A.)
Z.D. v. K.D. [2008] 4 I.R. 751

VI v. MJELR – Asylum, risk from family members, state protection

By Mark Tottenham BL in Birmingham J No Comments Tags: ,

VI v. MJELR [2011] IEHC 85 (Birmingham J, 25 February 2011)

High Court refuses judicial review of refusal of subsidiary protection, where asylum seeker claimed to be at risk from family members. (Full text.)

Judicial review – application for subsidiary protection – applicant at risk from members of own family and family of late husband of other ethnicity – alleged failure of Kenyan police to take action – fear of forced marriage to person with HIV – whether Minister applied correct test in relation to political situation – Article 4(4) of Council Directive 2004/83/E.C. – O.J. L 304/12 30.9.2004 – findings of credibility in relation to the applicant – availability of state protection.

N.H. v. The Minister for Justice, Equality and Law Reform [2008] 4 I.R. 452
Chan v. Minister for Immigration and Ethnic Affairs [1989] 169 C.L.R. 379
L.M. v. Refugee Appeals Tribunal and Others [2010] I.E.H.C. 132
Ali Ahmed v. Canada (Minister of Employment and Immigration (1993) 156 N.R. 221 (F.C.A.)
Obusch v. Minister for Justice, Equality and Law Reform [2010] I.E.H.C. 93

Zurich Bank -v- McConnon; Summary judgment.

By Mark Tottenham BL in Birmingham J No Comments Tags:

Zurich Bank -v- McConnon [2011] IEHC 75 (Birmingham J, 4 March 2011)

High Court grants summary judgment in the sum of €31,883,565.56 for moneys due pursuant to loan agreement, none of the proferred  grounds of defence being sufficiently credible. (Full text.)

Summary judgment – loan agreement – whether a real or bona fide defence – whether defence credible – whether no case to be tried – whether issues can be dealt with on application for summary judgment – condition of independent valuation – entitlement of bank to waive conditions precedent – estoppel – doctrine of frustration – Financial Regulator’s consumer protection code.

First National Commercial Bank Plc v. Anglin, [1996] 1 I.R. 75

National Westminster Bank Plc v. Daniel [1993] 1 W.L.R. 1453

Aer Rianta CPT v. Ryanair Limited, [2001] 4 I.R. 607

Danske Bank a/s trading as National Irish Bank v. Durkan New Homes and Others IESC 22 (Unreported, Supreme Court, 22nd April, 2010)

Central London Property Trust Ltd. v. Hightrees House Ltd. [1947] 1 K.B. 130

Ringsend Property Ltd. v. Donatex Ltd. and Bernard McNamara IEHC 568 (Unreported, High Court, Kelly J., 18th December, 2009)

Allied Irish Banks v. Brian Higgins and Others I.E.H.C. 219, (Unreported, High Court, Kelly J., 3rd June, 2010)

Benincasa v. Dentalkit (Case C-269/95) [1997] ECR 1-3767

H. S. E. -v- O’B, Mental health, jurisdiction of court to intervene

By Mark Tottenham BL in Birmingham J No Comments Tags:

H. S. E. -v- O’B. (a person of unsound mind not so found) [2011] IEHC 73 (Birmingham J, 3 March 2011)

High Court holds that it has inherent jurisdiction to intervene to safeguard interests of an adult who lacked mental capacity to make decisions about his own welfare. (Full text.)

Application by HSE in relation to capacity of respondent – intellectual disability – impairment of social functioning – lacking mental capacity to make decisions about welfare, including financial matters – best interests of respondent – inherent jurisdiction of court – Article 40.3, Irish Constitution – Article 5, ECHR.

D.G. v. E.H.B.Eastern Health Board [1997] 3 I.R. 511

Hutchison Reid v. U.K. (Application No. 50272/99(2003) 37 E.H.R.R. 9 )

Winterwerp v. The Netherlands, (24th October, 1979, Application No. 6301/73)

Re F (Adult: Court’s Jurisdiction) [2000] 2 F.L.R. 512

Re S.A. (Vulnerable Adult with Capacity Marriage) [2006] F.L.R. 867

Re S. (Adult Patient) (Inherent Jurisdiction: Family life) [2002] EWHC 2278 (FAM) [2003] 1 F.L.R. 292

O’Donnell & Anor -v- O’Brien, Trespass, contract law

By Mark Tottenham BL in Birmingham J No Comments Tags: ,

O’Donnell & Anor -v- O’Brien [2011] IEHC 21 (Birmingham J, 21 January 2011)

High Court grants perpetual injunction restraining defendant from entering onto former home, on the grounds that it had been validly disposed of pursuant to an agreement with the plaintiff. (Click here for link to full text of judgment.)

Trespass – perpetual injunction – property arrangement – memorandum of agreement – sale of property – contract law – whether agreement clear and unambiguous – two separate but related contracts – whether defendant entitled to re-enter former home.

Analog Devices Limited & Ors v. Zurich Insurance Company [2005] 1 I.R. 274

ICS v. West Bromwich [1998] 1 WLR 896 at 913

 

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