By Mark Tottenham BL in Ireland High Court, Kearns P No Comments Tags: Employment Law
University College Cork v. Bushin [2012] IEHC 76
(High Court, Kearns P, 17 February 2012)
High Court dismisses appeal from decision of Labour Court, and affirms decision that employee was entitled to ex gratia redundancy payment.
Employment law – appeal from decision of Labour Court – s. 15(6), Protection of Employees (Fixed-Term Work) Act 2003 – employee on fixed-term contract for three years – different ex gratia redundancy payment than permanent employee – finding More
By Mark Tottenham BL in Ireland High Court, Kearns P No Comments Tags: Professional disciplinary law, Solicitors
Higgins v. Nolan [2012] IEHC 60
(High Court, Kearns P, 13 February 2012)
High Court dismisses appeal from Solicitors Disciplinary Tribunal, and holds that there was no prima facie case of misconduct against solicitor.
Regulation of solicitors – Solicitors (Amendment) Act, 1960 – appeal by complainant from decision of Solicitors Disciplinary Tribunal that there was no prima facie case of misconduct – complaint by executor of estate – allegation that solicitor held money belonging to complainant – allegation of More
By Mark Tottenham BL in Kearns P No Comments Tags: Costs, Personal injuries
Bourbon v. Ward [2012] IEHC 30
(High Court, Kearns P, 17 February 2012)
High Court allows appeal from ruling of Taxing Master, and remits matter for proper determination of fees charged by plaintiff solicitor in settled personal injuries claim. (Full text.)
Taxation of costs – review of ruling by taxing master – Order 99 Rule 38(3), RSC – s. 27(3), Courts and Court Officers Act 1995 – appeal by personal injury defendants – €212,000 instruction fee for plaintiff’s solicitors – infant plaintiff More
By Mark Tottenham BL in Kearns P No Comments Tags: Defamation, Summary judgment
Lowry v. Smyth [2012] IEHC 22
(High Court, Kearns P, 10 February 2012)
High Court dismisses appeal from decision of Circuit Court, and refuses to grant summary disposal of defamation action. (Full text.)
Defamation – application for summary relief – ss 28, 34, Defamation Act 2009 – appeal from refusal of summary relief in Circuit Court (Judge Henaghan) – claim for declaration that words were defamatory – claim that words used by More
By Mark Tottenham BL in Kearns P No Comments Tags: Asylum and immigration, Costs, Judicial review
Salman v. Minister for Justice [2011] IEHC 481
(High Court, Kearns P, 16 December 2011)
High Court grants costs of application for mandamus where decision on naturalisation made on eve of hearing following three-year delay. (Full text.)
Judicial review – mandamus – application for naturalisation – application to compel Minister to issue decision – 2008 application – Irish Nationality and Citizenship Act, 1956 – failure to issue decision by April 2011 – certificate of More
By Mark Tottenham BL in Kearns P No Comments Tags: Criminal law, Drink driving
DPP v. Nash [2011] IEHC 418
(High Court, Kearns P, 16 November 2011)
High Court holds, by way of case stated, that District Court was incorrect in dismissing drink driving charge arising from evidence of humidity in room. (Full text.)
Case stated – drink driving – s 49, Road Traffic Act 1961, as amended – dismissal of charge – humidity in room of 26% – presumption as to content of s 17 certificate – prosecution refused right to call rebuttal evidence – whether More
By Mark Tottenham BL in Kearns P No Comments Tags: Costs, Judicial review
Taaffe v. Judge McMahon [2011] IEHC 408
(High Court, Kearns P, 28 October 2011)
High Court holds that it has jurisdiction to measure costs in uncontested application for judicial review, but adjourns decision for 28 days to allow the parties “either to agree costs or to prepare an appeal to the Supreme Court“. (Full text.)
Judicial review – habeus corpus – jurisdiction of court to measure costs in uncontested applications – cases arising from simple technical error – s 14(2), Courts (Supplemental Provisions) Act 1961 – Order 99(5)(2)(a), Rules of the Superior Courts – whether judge should be regular arbiter of More
By Mark Tottenham BL in Kearns P No Comments Tags: Company law, Insurance
In re Quinn Insurance Ltd [in administration] [2011] IEHC 382
(High Court, Kearns P, 14 October 2011)
High Court approves transfer of insurance business from company in administration to another company pursuant to a scheme proposed by the administrators . (Full text.)
Insurance company in administration – transfer of insurance business – s 13, Assurance Companies Act, 1909 (as amended) – Article 35, European Communities (Life Assurance) Framework Regulations 1994 – application to sanction transfer of business – discretion of court to sanction – whether More
By Mark Tottenham BL in Kearns P No Comments Tags: Professional disciplinary law, Solicitors
McDonagh v. Tansey [2011] IEHC 355 (25 July 2011)
High Court (Kearns P) dismisses appeal by complainant from decision of Solicitors Disciplinary Tribunal, which found no case of misconduct against respondent. (Full text.)
Solicitors Disciplinary Tribunal – appeal – finding of no case of misconduct – failure to consider complainant’s replying affidavit – affidavit filed after tribunal’s decision – impossibility of tribunal considering content of affidavit – whether affidavit contained evidence to substantiate allegation of misconduct.
By Mark Tottenham BL in Kearns P No Comments Tags: medical, Professional disciplinary law
Dr T v. The Medical Council [2011] IEHC 352 (19 July 2011)
High Court (Kearns P) allows appeal from decision of the Medical Council finding applicant guilty of professional misconduct. (Full text.)
Medical Council – fitness to practice – appeal – s. 75 of the Medical Practitioners Act 2007 – allegation of inappropriate internal examination – delay of 14 years in making complaint – whether fair hearing possible in light of delay – matter of delay properly a matter for judicial review – whether substantial unfairness in allowing matter to proceed – lack of surviving records.
Toal. v. Duignan
Shine v. The Medical Council