Dunne J

Romanian national was not entitled to social welfare payments.

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

Solovastru v. Minister for Social Protection [2011] IEHC 532
(High Court, Dunne J, 9 June 2011)

High Court refuses judicial review of decisions to refuse social welfare payments, on grounds that self-employed Romanian national was no longer entitled to reside in the state.

Judicial review – refusals of jobseekers allowance, supplementary welfare allowance, rent supplement and child benefit – delay in seeking judicial review – incorrect date given in relation to one decision – whether application made More

Prosecutorial delay prevents trial proceeding.

By Mark Tottenham BL in Dunne J No Comments Tags:

K D v. DPP [2011] IEHC 384
(High Court, Dunne J, 30 June 2011)

High Court grants order restraining criminal trial on grounds of delay, lack of specificity in relation to particular charges and stress caused by delay. (Full text.)

Judicial review – criminal trial – application to restrain by way of prohibition – 29 charges – sexual offences – alleged rape of sisters – 40-50 year delay in prosecuting alleged offences – lack of specificity in relation to dates – prejudice More

Court refuses to quash discharge of applicant from defence forces.

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

Dunne v. Minister for Defence [2011] IEHC 383
(High Court, Dunne J, 20 July 2011)

High Court refuses judicial review of discharge of applicant from defence forces. (Full text.)

Judicial review – discharge of applicant from defence forces – expiration of five-year period of service – extension of service not recommended – fitness test failed – body mass index (BMI) above maximum limit – Defence Forces More

Anglo Irish Bank Corporation Ltd v. Collins – HC – Mortgage, guarantee, alteration after execution

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

Anglo Irish Bank Corporation Ltd v. Collins [2011] IEHC 385
(High Court, Dunne J, 13 July 2011)

High Court grants judgment to plaintiff bank in the sum of €6,882,970.06 in respect of loan and guarantee agreement. (Full text.)

Loan facilities – guarantees – ex turpi causa non oritur actio – whether plaintiff bank entitled to rely on guarantees – s 2(2)(c), Criminal Justice (Theft and Fraud Offences) Act 2001 – alterations made to guarantees by solicitor for bank – alteration to description of parties – word “guarantor” substituted for “borrower” – whether alteration affected business effect of More

Abama v. Gama Construction – HC – Jurisdiction of Irish courts, employment claim, doctrine of forum non conveniens

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

Abama v. Gama Construction Ltd [2011] IEHC 308 (25 February 2011)

High Court (Dunne J) refuses to grant stay of action relating to rates of pay, and determines that litigation should proceed in Ireland rather than Turkey. (Full text.)

Jurisdiction – practice and procedure – conditional appearance – whether Irish courts had jurisdiction – claim by employees relating to rates of pay – doctrine of forum non conveniens – Brussels Regulation EC 44/2001 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters – whether another forum was the more appropriate forum for the trial of the action – whether discretion of court removed by Brussels Regulation – failure to endorse plenary summons with the recital required under Order 4, r. 1A – whether balance of justice required that proceedings be heard in Ireland, even if Turkey were the appropriate jurisdiction – plaintiffs resident in Turkey – requirement for interpreters – Registered Employment Agreement applicable to workers in Ireland – work on projects in Ireland.

Gama v Minister for Enterprise, Trade and Employment and Edward Nolan (Unreported, Supreme Court, 30th April, 2009)
Spielberg v. Rowley [2004] I.E.H.C. 384
Donohue v. Armco [2002] 1 All E.R. 749
Microsoft Ireland Operations Limited v. EIM International Electronics Limited and EIM Computerised Technologies Limited [2010] I.E.H.C. 228
Owusu v Jackson (trading as Villa Holidays Bal-Inn Villas) and Others [2005] E.C.R.I. 383
Goshawk Dedicated Limited and Others v. Life Receivables Ireland Limited [2008] I.E.H.C. 90 (Unreported, High Court, Clarke J. 27th February, 2008)
Spiliada Maritime Corporation v. Cansulex Limited [1987] A.C. 460
Intermetal Group Limited v. Worslade Trading Limited [1998] 2 I.R. 1
In Re. Harrods (Buenos Aires) Limited [1992] Doe v. Armour Pharmaceutical Company Incorporated [1994] 3 I.R. 78
MacShannon v. Rockware Glass Limited [1978] A.C. 795
McCarthy v. Pillay [2003] 1 I.R. 592
Schmidt v. The Home Secretary [1995] 1 ILRM 310

E D v. Refugee Appeals Tribunal – HC – Refusal of refugee status, errors of law and fact

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

E D v. Refugee Appeals Tribunal [2011] IEHC 354 (31 May 2011)

High Court (Dunne J) grants leave to seek judicial review of decision by respondent to refuse applicant refugee status. (Full text.)

Judicial review – application for leave – refusal of refugee status – alleged error of law in respect of concept of persecution – failure to apply principles of law – cumulative effect of discrimination – alleged error of fact in respect of applicant’s country of origin stated as Kosovo rather than Serbia – reliance on UNHCR statement.

M.L. v Minister for Justice, Equality and Law Reform, Unreported, High Court, Hogan J., 19 January 2011

Start Mortgages Ltd v. Gunn – HC – Mortgages, registered land, order for possession

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

Start Mortgages Ltd v. Gunn [2011] IEHC 275 (25 July 2011)

High Court (Dunne J) holds that the repeal of section 62(7) of the Registration of Title Act 1964 precluded lenders from seeking to recover possession of mortgaged registered property, unless they had made a demand for the repayment of the principal moneys prior to 1 December 2009 (being the date of repeal). (Full text.)

Mortgages – registered land – recovery of possession – repeal of s. 62(7), Registration of Title Act 1964 – Land and Conveyancing Law Reform Act 2009 – s 27, Interpretation Act – whether a right acquired under an enactment might continue, notwithstanding the repeal of the relevant section – entitlement of mortgagee to possession – whether court had discretion to refuse possession – whether right had become vested by date of repeal – date upon which lender acquired right to apply for order of possession – whether demand made.

Northern Banking Company Limited v. Devlin[1924] 1 I.R. 90
Birmingham Citizens Permanent Building Society v. Caunt [1962] 1 Ch. 883
Anglo Irish Bank Corporation v. Fanning [2009] I.E.H.C. 141
Bank of Ireland v. Smyth [1993] 2 I.R. 102
Director of Public Works v. Ho Po Sang [1961] A.C. 901
Chief Adjudication Officer v. Maguire [1999] 1 W.L.R. 1778
O’Sullivan v. Superintendent in Charge of Togher Garda Station [2008] 4 I.R. 212

Lenders found not entitled to possession of mortgaged property.

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

Start Mortgages Ltd v. Gunn [2011] IEHC 275 (25 July 2011)

High Court (Dunne J) holds that the repeal of section 62(7) of the Registration of Title Act 1964 precluded lenders from seeking to recover possession of mortgaged registered property, unless they had made a demand for the repayment of the principal moneys prior to 1 December 2009 (being the date of repeal). (Full text.)

Mortgages – registered land – recovery of possession – repeal of s. 62(7), Registration of Title Act 1964 – Land and Conveyancing Law Reform Act 2009 – s 27, Interpretation Act – whether a right acquired under an enactment might continue, notwithstanding the repeal of the relevant section – entitlement of mortgagee to possession – whether court had discretion to refuse possession – whether right had become vested by date of repeal – date upon which lender acquired right to apply for order of possession – whether demand made.

Northern Banking Company Limited v. Devlin[1924] 1 I.R. 90
Birmingham Citizens Permanent Building Society v. Caunt [1962] 1 Ch. 883
Anglo Irish Bank Corporation v. Fanning [2009] I.E.H.C. 141
Bank of Ireland v. Smyth [1993] 2 I.R. 102
Director of Public Works v. Ho Po Sang [1961] A.C. 901
Chief Adjudication Officer v. Maguire [1999] 1 W.L.R. 1778
O’Sullivan v. Superintendent in Charge of Togher Garda Station [2008] 4 I.R. 212

Polygamous marriage not held valid at Irish law.

By Mark Tottenham BL in Dunne J No Comments Tags:

HAH v. SAA & the AG [2010] IEHC 497 (4 November 2010)

High Court (Dunne J) refuses to make declaration that polygamous marriage was valid at Irish law. (Full text.)

Family law – validity of marriage – s.29 of the Family Law Act 1995 – marriage in Lebanon – whether polygamous marriage valid at Irish law – Council Directives 2003/86/EC – right to family reunification – whether good reason not to recognise marriage.

Conlon v. Mohamed [1987] I.L.R.M. 172; [1989] I.L.R.M. 523
Hyde v. Hyde (1866) L.R. 1 Ed. 130
Baindail v. Baindail [1946] 1 All E.R. 348
Mohamed v. Knott [1968] 2 All E.R 568
Shahnaz v. Rizwan [1964] 2 All E.R. 1993,
Chaudhry v. Chaudhry [1976] Fam. 148
Lee v. Lau [1964] 2 All E.R. 248
K.E.D. v. M.C. (Unreported, High Court, 26th September, 1984)
Mayo-Perrott v. Mayo Perrott [1958] I.R. 336
R.B. v. The United Kingdom [1992] 628/92
Brooke v. Brooke (1861) IX H.L.C. 703
Zappone and Gilligan v. Revenue Commissioners, Ireland and the Attorney General (Unreported, High Court, 14th December, 2006)
T.F. v. Ireland [1995] 1 I.R. 321,
D.T. v. C.T. [2003] 1 I.L.R.M. 321
Cheni v. Cheni [1965] P. 85
R.B. v. U.K. 19628/92

Net Affinity Ltd -v- Conaghan – Employment contract, restraint of trade, confidentiality

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

Net Affinity Ltd -v- Conaghan [2011] IEHC 160 (Dunne J, 22 March 2011)

High Court refuses application for injunction to restrain former employee taking up position with competitor, but grants order restraining former employee and competitor from approaching, soliciting or dealing with existing customers of former employer for period of twelve months. (Full text.)

Employment contract – confidentiality clause – non-compete clause – application for injunction to restrain former employee from taking up position with rival – connections with firm’s clients – whether prohibition on working for competitor was void for restraint of trade – whether confidentiality clause required measures to protect information – whether former employee in breach of duty to former employer – whether clause reasonable and in public interest – whether non-complete clause limited in geographical scope -

McEllistrim v Ballymacelligot Co-Operative Agricultural and Dairy Society Limited [1919] A.C. 548
Herbert Morris Limited v. Saxelby [1916] A.C. 688
Stenhouse Limited v. Philips [1974] A.C. 391
Littlewoods Organisation Limited v. Harris [1978] 1 All E.R. 1026
T.F.S. Derivatives v. Simon Morgan [2004] E.W.H.C, 3181
Murgitroyd and Company v. Purdy [2005] 3 I.R. 12
McEllistrim v. Ballymacelligot Co-Operative Agriculture and Dairy Society [1919] A.C. 548
Marian White Limited v. Francis (1972) I W.L.R. 1423
Kores Manufacturing Co. Ltd. v. Kolok Manufacturing Co. Ltd. [1959] Ch. 108
Faccenda Chicken Limited v. Fowler and Ors. [1985] 1 All E.R. 724,
Lansing Linde Limited v. Kerr [1991] 1 All E.R. 418
Printers and Finishers Limited v. Holloway and Ors. [1964] 3 All E.R. 731
Norbrook Laboratories (GB) Limited v. Adair [2008] I.R.L.R. 878

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