Professional horseman awarded €126,410 for injuries that ended riding career.

Apr 26, 2012 By Mark Tottenham BL in Charleton J, Ireland High Court No Comments Tags: Employment Law, Personal injuries

Quinn v. Bradbury [2012] IEHC 106
(High Court, Charleton J, 18 April 2012)

High Court awards professional horseman €126,410 for injuries sustained in course of employment, after 30% reduction for contributory negligence.

Personal injuries – professional horseman – workplace accident – fall from horse while jumping metal gate – instruction from employer to jump gate – duty of employer to take reasonable care for employee’s safety – s. 8, Safety, Health and Welfare at Work Act 2005 – what instruction was given – whether More

No security for costs in claim for costs incurred in abandoned planning application.

Apr 5, 2012 By Mark Tottenham BL in Charleton J No Comments Tags: Company law, Planning, Security for costs

County Monaghan Anti-Pylon Ltd v. Eirgrid PLC [2012] IEHC 103
(High Court, Charleton J, 30 March 2012)

High Court refuses to order security for costs in claim for costs incurred by plaintiff company in abandoned planning application.

Security for costs – s 390, Companies Act 1963 – claim by plaintiff company for costs incurred in planning process that was abandoned by the defendant – plaintiff company unable to pay costs of action – company established to oppose routing of More

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

Mar 29, 2012 By Ciaran Joyce BL in Charleton J No Comments Tags: Criminal judicial review, Sentencing

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.

Appeal from conviction – assault on Garda – maximum sentence in District Court – time imprisoned while awaiting appeal – meaning of “time served” – unknown identity of individual – time on remand awaiting trial – early release of applicant in error – More

Operator of container vessel responsible for stevedore’s fall.

Mar 23, 2012 By Mark Tottenham BL in Charleton J No Comments Tags: Employment Law, Personal injuries

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.

Personal injuries – injury in workplace – fall in hold of container vessel – claim between defendants for indemnity or contribution – plaintiff employed by stevedoring firm – claim by employer against operator of vessel – condition of More

Prisoner fails in claim for alleged ill-treatment.

Mar 13, 2012 By Mark Tottenham BL in Charleton J No Comments Tags: Prison law

Griffin v. Governor of Wheatfield Prison [2012] IEHC 39
(High Court, Charleton J, 5 March 2012)

High Court dismisses application from prisoner alleging ill-treatment. (Full text.)

Application by prisoner – complaint of ill-treatment – alleged bullying by prison officer – alleged conspiracy to facilitate assault by other prisoners – complaint made to governor and appealed – application made to court pending More

Beneficial owners of companies entitled to plead illegality of contract in alleged price-fixing action.

Mar 7, 2012 By Mark Tottenham BL in Charleton J No Comments Tags: Company law, Practice and procedure

Quinn v. Irish Bank Resolution Corporation Ltd [2012] IEHC 36
(High Court, Charleton J, 23 February 2012)

High Court determines, by way of preliminary issue, that beneficial owners of companies were entitled to rely on a plea of illegality of contract arising from loans by bank allegedly used to manipulate share price. (Full text.)

Commercial Court – contract law – preliminary issue – illegality of contracts – purchase by company of its own shares – price fixing – whether plaintiffs, as beneficial owners of companies, had standing to rely on breach of either the More

No defence to summary judgment in respect of loan agreement.

Mar 5, 2012 By Mark Tottenham BL in Charleton J No Comments Tags: Contract law, Summary judgment

Bank of Scotland PLC v. Shovlin [2012] IEHC 35
(High Court, Charleton J, 23 February 2012)

High Court grants summary judgment against certain defendants in respect of loan to fund sale and leaseback agreement. (Full text.)

Summary judgment – loan agreement – loan to fund purchase of bank headquarters to lease back to bank – whether bona fide defence – error in summary summons in relation to claim for interest – whether claim should be More

Financial advisor’s claim for payment statute-barred.

Mar 5, 2012 By Mark Tottenham BL in Charleton J No Comments Tags: Contract law, Limitation of actions

Donnelly v. Woods [2012] IEHC 26
(High Court, Charleton J, 26 January 2012)

High Court dismisses claim for remuneration for financial and consultancy advice on grounds that it was statute-barred and that the plaintiff had been amply remunerated already. (Full text.)

Contract law – alleged agreement for remuneration for financial and consultancy services – 10% profit on sale of development lands – quantum meruit – claim of interest in land – whether claim statute barred – whether More

Modular hearing ordered in Commercial Court action.

Mar 5, 2012 By Mark Tottenham BL in Charleton J No Comments Tags: Commercial Court, Contract law, Practice and procedure

Weavering Macro Fixed Income Fund Ltd v. PNC Global Investment Servicing [Europe] Ltd [2012] IEHC 25
(High Court, Charleton J, 26 January 2012)

High Court grants order for modular hearing of substantial Commercial Court action. (Full text.)

Commercial Court – application for modular hearing – estimated 64 days of hearing – estimated costs of €5.6 million for defendant alone – suggested issued for hearing: scope of action; when causes of action occurred; whether More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

Charleton J