Herbert J

Dempsey v. Member in Charge – HC, Article 40, costs

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Dempsey v. Member in Charge of Tallaght Garda Station [2011] IEHC 257 (1 June 2011)

High Court (Herbert J) grants applicant order for costs of Article 40 application, to include the costs of the application for costs, on the grounds that it was reasonable to have made the initial application. (Full text.)

Article 40 – costs – lawfulness of detention – arrest – s. 30(1) of the Offences Against the State Act 1939 (as amended) – scheduled offence – unlawful discharge of a firearm – release of applicant following application to High Court under Article 40 – locus standi to challenge arrest and detention – costs of application for costs – constitutionality of section 30 – whether reasonable to have made application under Article 40.

O’Mahony v. Melia [1989] I.R. 353
Maloney v. the Member in Charge of Tallaght Garda Station(Unreported, High Court, 22nd January, 2008, O’Neill J.)
Maloney v. Ireland and Others (Unreported, High Court, 25th June, 2009, Laffoy J.)
Cahill v. Sutton [1980] 1 I.R. 269
R. (O’Sullivan) v. Military Governor of Hare Park [1924] 58 I.L.T.R. 62
State (Carney) v The Governor of Portlaoighise Prison [1957] I.R. 25

ANL v. Garvey – Refusal of refugee status, danger of political assassination

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ANL v. Garvey (Refugee Appeals Tribunal) [2011] IEHC 181 (8 April 2011)

High Court (Herbert J) refuses leave to seek judicial review of refusal of refugee status. (Full text.)

Judicial review – refusal of refugee status – credibility of applicant – relationship with political figure in country of origin – threats made on end of relationship – relationship with rival figure – likelihood of politically motivated assassination – whether selective use made by RAT of country of origin information – alleged speculation by RAT.

In Re. Ref. S.S. 5 and 10 Illegal Immigrants (Trafficking) Bill 1999 [2000] 2 I.R. 360
M.E. v. Refugee Appeals Tribunal and Others[2008] I.E.H.C. 192
Da Silveria v. Refugee Appeals Tribunal [2004] I.E.H.C. 436
Imafu v. Minister for Justice, Equality and Law Reform [2005] I.E.H.C. 182
Kikumbi v. Refugee Applications Commissioner [2007] I.E.H.C. 11
I.R. v. Minister for Justice, Equality and Law Reform [2009] I.E.H.C. 353

Caruana -v- Fruit of the Loom International Ltd; Estoppel, personal injuries action against employer.

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Caruana -v- Fruit of the Loom International Ltd [2011] IEHC 130 (Herbert J, 30 March 2011)

High Court finds, by way of preliminary issue, that plaintiff is estopped from bringing action by virtue of earlier agreement. (Full text.)

Personal injury – stress – abuse and discrimination at work – preliminary issue – whether plaintiff estopped from bringing action by terms of “Discharge Form”, stated to be “in full and final settlement of all claims of every nature” – whether action was one of two excepted claims.

Chambers v. Kelly [1873] 7 L.R., C.L. 231

Sweeney -v- Ballinteer Community School; Damages for bullying and harassment in the workplace.

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Sweeney -v- Ballinteer Community School [2011] IEHC 131 (Herbert J, 24 March 2011)

High Court awards plaintiff damages in the sum of €88,625 to compensate for psychiatric injury arising from bullying and harassment in the workplace. (Full text.)

Bullying and harassment in the workplace – improper conduct – embarrassing member of school staff in front of parents – having member of staff followed by private investigator – anxiety disorder – depression – post traumatic stress disorder – foreseeability of injury to plaintiff by reason of bullying and harassment – vicarious liability of school authorities – aggravated damages.

Mullally v. Bus Éireann [1992] I.L.R.M. 722

Kelly v. Hennessy [1996] 1 I.L.R.M. 312

Quigley v. Complex Tooling and Moulding Limited [2009] I.R. 349

Matthews v. Kuwait Bechtel Corporation [1959] 2 Q.B. 57

Conway v. I.N.T.O. [1991] 2 I.R. 305

Ronbow Management Company Ltd -v- Sorohan Builders Ltd; Security for costs.

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Ronbow Management Company Ltd -v- Sorohan Builders Ltd [2011] IEHC 83 (Herbert J, 10 February 2011)

High Court refuses application for security for costs, on grounds that it would be oppressive of plaintiff and unjustly restrictive of its right of access to the court. (Full text.)

Security for costs – O. 29 of the Rules of the Superior Courts – s. 390 of the Companies Act 1963 – claim against solicitors by management company – assets and income of management company – ability of plaintiff to pay likely costs.

Bell v. Rollville Ltd, Company law, oppressive behaviour

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Bell v. Rollville Ltd [2011] IEHC 79 (Herbert J, 26 January 2011)

High Court orders that second respondent director purchase the petitioners shares in their jointly-owned company, and determines that the appropriate price is 50% of the value of the company.  (Full text.)

Company law – sections 205 and 213(g), Companies Act 1963 – oppression of minority shareholder – director – breakdown of marriage between petitioner and second respondent, both being directors of company – forgery of petitioner’s signature on company documents – transfer of loan to third party without consent of petitioner – whether second director acted in good faith – whether company property sold at undervalue contrary to concerns of petitioner – fraud – remedies.

Greenore Trading Company Limited [1980] I.L.R.M. 94
In Re. Clubman Shirts Limited [1991] I.L.R.M. 43
In Re. Bird precision Bellows Limited [1985] 3 A.E.R. 523
Horgan v. Murphy [1997] 3 I.R. 23

Forest Fencing v. Wicklow County Council, Planning injunction

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Forest Fencing Ltd t/a Abwood Homes Ltd & Anor -v- Wicklow County Council [2011] IEHC 69 (Herbert J, 4 February 2011)

High Court finds it has no jurisdiction to reopen earlier decision of High Court (Charlton J), on grounds that earlier decision (being on appeal from Circuit Court) was final and conclusive and could not be appealed. (Click here for full text of judgment.)

Planning injunction – section 160, Planning and Development Act 2000 – operation of manufacturing plant– s. 39 of the Courts of Justice Act 1936 – whether earlier decision of court final – whether court entitled to reopen matter – whether deception or fraud – whether exceptional circumstances which entitled court to vary original decision – what factors might constitute “special circumstances” – consent to variation of court order procured by deliberate and conscious deception.

Henderson v. Henderson [1843] 3 Hare 100

L.P. v M.P. (Appeal) [2002] 1 I.R. 219

A.A. v. The Medical Council [2003] 4 I.R. 302

Taylor v. Laurence [2002] 2 All E.R 353

Manson v. Voughl [1998] Times, 20th November

Dsane v. Hagan [1962] Ch. 193

Re. Greendale Developments (No. 3) [2002] 2 I.R. 530

 

V. -v- Refugee Appeals Tribunal & Anor [2010] IEHC 439 (Herbert J, 7 December 2010)

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High Court extends time to seek judicial review of decision of Refugee Appeals Tribunal.

Judicial review – Illegal Immigrants (Trafficking) Act 2000 – refusal of application for refugee status – delay in making application – counsel not available – merits of application – whether discrimination against mixed marriage amounted to “persecution” within meaning of section 2 of Refugee Act 1996 – economic discrimination – failure of tribunal to refer to previous decisions – verbal abuse – racial taunts – material errors of fact – whether errors of fact went to heart of decision-making process -

J.A. v. The Refugee Appeals Tribunal [2008] I.E.H.C. 310
P.P.A. v. The Refugee Appeals Tribunal [2007] 4 I.R.94
Tabi v. The Refugee Appeals Tribunal [2007] I.E.H.C. 287

McGuinness -v- Commissioner of an Garda Síochána & Ors [2010] IEHC 441 (Herbert J, 7 November 2010)

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High Court varies order of Master granting discovery in action seeking return of items seized by Gardai as part of criminal investigation.

Seizure of personal property by Gardai – search warrants – whether items required as evidence in proper conduct of investigation – application for discovery – counsels’ note of “without prejudice” negotiations.

Rogers v. The Director of Public Prosecutions and Ors [1992] I.L.R.M. 695

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