Orders prohibiting the keeping of animals quashed.

May 17, 2012 By Ciaran Joyce BL in Denham CJ, Ireland Supreme Court No Comments Tags: Criminal judicial review

Sfar v. DPP [2012] IESC 28

(Supreme Court, Denham CJ (Hardiman J., Clarke J. concurring), 15 May 2012)

Supreme Court allows appeal from High Court, and quashes any purported orders of the District Court prohibiting the appellant from keeping animals.

Judicial review – appeal from High Court (O’Neill J) – judicial review of District Court Judge – District Court order of Judge Brennan – seizure of dogs made under the Protection of Animals Act 1911 – “keeping dogs” as provided for under s. 18(1) of the Control of Dogs Act, 1986 – 15 charges of cruel More

No abuse of process by prosecution in bringing corruption charges.

May 4, 2012 By Ciaran Joyce BL in Denham CJ, Hardiman J, Ireland Supreme Court, Uncategorized No Comments Tags: Criminal judicial review, Rules of evidence

Cosgrave v. DPP [2012] IESC 24

(Supreme Court, Denham CJ (with her Murray J and Fennelly J), Hardiman J (dissenting), 26 April 2012)

Supreme Court dismisses appeal from High Court, and affirms refusal of prohibition of criminal trial on grounds that that prosecution were entitled to await the prosecution and conviction of their key witness before proceeding with trial of appellant.

Denham CJ: Abuse of process – prohibiting a criminal trial proceeding – real risk of an unfair trial – judicial reviewed in High Court – appeal to Supreme Court – corrupt payments – Carrickmines re-zoning – Flood/Mahon tribunal – former County Councillor – inducements or rewards for voting in a particular way on motions before Dublin City Council and Dun More

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

Mar 16, 2012 By Mark Tottenham BL in Denham CJ No Comments Tags: Defamation

Coleman v. MGN Ltd [2012] IESC 20
(Supreme Court, Denham CJ (nem diss), 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. (Full text.)

Defamation – appeal from High Court (Charleton J) – refusal of application to decline jurisdiction – publication of article on “yob culture” accompanying photograph of plaintiff – re-use of photograph accompanying article headed More

Workplace injury award reduced by 25% for contributory negligence.

Mar 12, 2012 By Mark Tottenham BL in Denham CJ No Comments Tags: Employment Law, Negligence, Personal injuries

Coffey v. Kavanagh [2012] IESC 19
(Supreme Court, Denham CJ (nem diss), 7 March 2012)

Supreme Court finds on appeal from High Court that employee was 25% responsible for own injury in workplace, and reduces award from €54,900 to €44,175. (Full text.)

Personal injuries – accident in workplace – trip and fall causing fracture of wrist – whether plaintiff responsible for own injury – cluttered work area – failure to provide safe place of work – repeated complaints by staff that area not More

English national could not be surrendered to France for investigation or trial of murder allegedly committed in Ireland.

Mar 5, 2012 By Mark Tottenham BL in Denham CJ, Fennelly J, Hardiman J, Murray J, O'Donnell J No Comments Tags: Criminal law, European arrest warrant

Minister for Justice v. Bailey [2012] IESC 16
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, O’Donnell J (all concurring), 1 March 2012)

Supreme Court allows appeal from High Court, and refuses order to surrender English national to France for investigation or trial of alleged murder of French person in Ireland.

Denham CJ (Full text.): European arrest warrant – appeal from order of surrender in High Court (Peart J) – application for surrender to France on charge of murder allegedly committed in Ireland – whether surrender More

Search warrant of dwelling house issued by member of Garda investigating team declared unconstitutional.

Feb 24, 2012 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

Offence of sexual act with child under 17 not discriminatory or unconstitutional.

Feb 24, 2012 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

Carbon allowances could be “bidded in” to bid for supply of electricity.

Feb 24, 2012 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

Abolition of offence of buggery in 1993 prevented prosecution of alleged offence in 1970.

Feb 13, 2012 By Mark Tottenham BL in Denham CJ, Fennelly J, Hardiman J No Comments Tags: Constitutional law, Criminal judicial review, Criminal law, Human rights

DPP v. Judge Mary Devins [2012] IESC 7
(Supreme Court, Denham J, Hardiman J (with them, Macken J), Fennelly J (dissenting) (with him, Murray J), 8 February 2012)

Supreme Court allows appeal from decision of High Court, and holds that notice party was not liable for prosecution for alleged buggery of a child in 1970.

Denham CJ (Full text.): Judicial review – decision by District Court judge to make no order in relation to charge of buggery – repeal of ss 61 and 62, Offences Against the Person Act 1861 – buggery – whether a statutory offence – More

Life prisoner transferred from England detained lawfully under Irish parole regime.

Feb 6, 2012 By Mark Tottenham BL in Denham CJ, Fennelly J No Comments Tags: Criminal law, Habeas corpus (Article 40), Sentencing

Caffrey v. Governor of Portlaoise Prison [2012] IESC 4
(Supreme Court, Denham CJ (with her, Hardiman J, Macken J), Fennelly J (with Murray J, dissenting), 1 February 2012)

Supreme Court dismisses appeal from High Court, and holds that life prisoner transferred from England continued to be lawfully detained.

Denham CJ (Full text.): Lawfulness of detention – appeal from decision of High Court (Charleton J) – Article 40 – habeus corpus – warrant – mandatory life imprisonment imposed in England for murder – expiration of recommended More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

Denham CJ