By Mark Tottenham BL in Hanna J, Ireland High Court No Comments Tags: Personal injuries, Practice and procedure
Hayes v. McDonnell [2011] IEHC 530
(High Court, Hanna J, 15 December 2011)
High Court refuses to dismiss claim arising from alleged institutional abuse between 1949 and 1962.
Application to dismiss claim – alleged inordinate and inexcusable delay – complaints dating to period between 1949 and 1962 – claim arising from alleged physical and psychological abuse – convent school – industrial school – alleged More
By Mark Tottenham BL in Hanna J No Comments Tags: Contract law, Financial regulation
Gabriel v. Financial Services Ombudsman [2011] IEHC 318 (27 July 2011)
High Court (Hanna J) allows appeal from decision of Financial Services Ombudsman, and finds that car loan agreement was validly terminated by hirer. (Full text.)
Financial Services Ombudsman – appeal from finding that complaint not substantiated – s.57 CL the Central Bank Act 1942 (as inserted) – failure to meet payments on car loan – whether hire purchase agreement validly terminated by hirer – s.63 of the Consumer Credit Act 1995 – nature of appeal – whether decision of ombudsman vitiated by error.
Molloy v. Financial Services Ombudsman and Others (Unreported, High Court, 15th April, 2011)
Ulster Bank Investment Funds Ltd. v. Financial Services Ombudsman & Ors. [2006] IEHC 323
Orange v. The Director of Telecommunications Regulation and Anor.[2000] 4 I.R. 159
Square Capital Ltd. v. Financial Services Ombudstnan & Anor. [2009] IEHC 407
Maher v. An Bord Pleanála [1999] 2 I.L.R.M. 198
By Mark Tottenham BL in Hanna J No Comments Tags: Constitutional law, Criminal law, Human rights
Callan v. Ireland [2011] IEHC 190 (15 April 2011)
High Court (Hanna J) dismisses claim for remission by prisoner serving 40 years penal servitude for murder of Garda. (Full text.)
Application by prisoner for remission – death sentence commuted to penal servitude for 40 years – lack of conditions in relation to remission – murder of Garda in 1985 – remission provisions in Criminal Justice Act 1990 – definition of “commute” – prohibition on remission in capital cases under Art 13.6 as it was worded at time of sentence – Article 2 of the the European Convention on Human Rights – whether principles of natural and constitutional justice applied to commutation of sentence by President – whether European Convention on Human Rights Act 2003 might operate in respect of legislation that had been repealed prior to enactment of 2003 Act.
Deaton v. The Attorney General and The Revenue Commissioners [1963] I.R. 170
Lynham v. Butler (No.2) [1933] I.R. 74
State (O.) v. O’Brien [1973] I.R. 50
Brennan v. Minister for Justice [1995] 2 I.L.R.M. 206
People (D.P.P.) v. Aylmer (Unreported, Supreme Court, 18th December, 1985)
People (D.P.P.) v. Cahill [1980] I.R. 8
McDonald v. Bord na gCon [1965] I.R. 217
Ryan v. Governor of Limerick Prison [1988] I.R. 198
Dowling v. Minister for Justice [2003] 2 I.R. 535
Condon v. Minister for Labour [1981] I.R. 62
Sloan v. Culligan [1992] 1 I.R. 223
Dublin City Council v. Fennell [2005] 1 I.R. 604
By Mark Tottenham BL in Hanna J No Comments Tags: Criminal judicial review, Human rights
O’Connor -v- Judge O’Neill [2011] IEHC 118 (Hanna J, 18 February 2011)
High Court refuses judicial review of conviction for refusal to provide breath specimen, on the grounds that Garda not obliged to require alternative sample of blood or urine. (Full text.)
Judicial review – conviction for offence of refusal to provide breath specimen – section 13 of the Road Traffic Act, 1994 – failure of Garda to require applicant to provide sample of blood or urine after refusal to provide breath specimen – mens rea – constitutionality of legislation – whether legislation incompatible with Convention on Human Rights – strict liability.
CC v. Ireland [2006] IESC 33
Sherras v. De Rutzen [1895] 1 QB 918
DPP v. Behan [2003] WJSC-HC
Cabot v. DPP [2002] 68 SS 41/2004
DPP v. Finnegan [2008] IEHC 347
The State (Healy) v. Donoghue [1976] I.R. 325
Heaney v. Ireland [1994] 3 I.R. 593
DPP v. McGarrigle [1996] 1 ILRM 271
By Mark Tottenham BL in Hanna J No Comments Tags: Human rights, Judicial review, Legal aid
Tighe [a minor ] -v- Judge Haughton & Anor [2011] IEHC 64 (Hanna J, 18 February 2011)
High Court refuses judicial review of decision by District Court judge to refuse legal aid to minor on public order offence. (Click here for full text of judgment.)
Judicial review – District Court judge – s. 6 of the Criminal Justice (Public Order) Act 1994 – public order offence – refusal of legal aid – whether accused had insufficient means – whether offence sufficiently grave – Article 6 of the Convention on Human Rights – Section 2 of the Criminal Justice Act, 1962.
The State (Healy) v. Donoghue [1976] I.R. 325
O’Neill v. Butler [1979] I.L.R.M. 243
Carmody v. Minister for Justice [2009] I.E.S.C. 71
D.P.P. (Kearns) v. Maher [2004] 3 I.R. 512
Costigan v. Brady [2004] I.E.H.C. 16
Joyce v. Brady & D.P.P. [2007] I.E.H.C. 149
Poitrimil v. France (1993) E.H.R.R. 130