By Mark Tottenham BL in MacMenamin J No Comments Tags: Family law
U V v. V U [2011] IEHC 519
(High Court, MacMenamin J, 15 April 2011)
High Court refuses application by mother for leave to relocate children to another country. (Full text.)
Family law – appeal from Circuit Court – relocation of one parent to different country – mother native of Spain – judicial separation – joint custody – regular access of father – whether children to be brought to live in Spain – criteria – bad More
By Mark Tottenham BL in MacMenamin J No Comments Tags: Judicial review, Planning
Urrinbridge Ltd v. An Bord Pleanála [2011] IEHC 400
(High Court, MacMenamin J, 28 October 2011)
High Court grants order of certiorari in respect of decision by An Bord Pleanala to refuse planning permission, where appeal withdrawn by objector prior to notification of decision. (Full text.)
Judicial review – refusal of planning permission – whether withdrawal of appeal by objector after deliberation and before determination had effect of depriving Board of jurisdiction – date of determination – ss 37(1) and 140(1)(a)(iv), More
By Mark Tottenham BL in MacMenamin J No Comments Tags: Mental health law
HSE v. M X [2011] IEHC 326 (29 July 2011)
High Court (MacMenamin J) holds that the taking of blood tests from a person of unsound mind was lawful, despite her failure to give consent, and adjourns other issues for further consideration. (Full text.)
Person of unsound mind – application for court’s consent to medical treatment – taking of blood samples – requirement of samples to test for risk of potentially fatal infection – capacity to consent – interpretation of “treatment” in Mental Heath Act of 2001 – requirement of consent for treatment – section 57 of Act – statutory interpretation – whether act safeguarded defendant’s constitutional rights – whether defendant had capacity to instruct legal team – authorities from other jurisdictions.
In Re Ward of Court (withholding medical treatment) (No. 2) [1996] 2 I.R. 79
Shtukaturov v. Russia, [2010] E.C.H.R. 292
Winterwerp v. Netherlands [1979] 2 E.H.R.R. 387
Fitzpatrick v. F.K. [2009] 2 I.R. 7
North Western Health Board v. H.W. [2001] 3 I.R. 622
E.H. v. The Clinical Director of St. Vincent’s Hospital and Others [2009] 3 I.R. 774
Salinas de Gortari v. Smithwick [1999] 4 I.R. 223
Director of Public Prosecutions v. Gaffney [1987] I.R. 173
Attorney General v. X [1992] 1 I.R. 1
The State (C) v. Frawley [1976] 1 I.R. 365
Ryan v. The Attorney General [1965] I.R. 294
Croke v. Smith [1998] 1 I.R. 101
In Re Philip Clarke [1950] I.R. 235
E.H. v. The Clinical Director of St. Vincent’s Hospital & Ors. [2009] I.R. 774
Gooden v. St. Otteran’s Hospital (2001) [2005] 3 I.R. 617
T.O’D. v. Kennedy [2007] 3 I.R. 689
R. (on the application of Wilkinson) v. Broadmoor Hospital [2002] 1 W.L.R. 419
B. v. Croydon Health Authority [1995] Fam. 133
G.J. v. The Foundation Trust and Others [2010] 3 W.L.R. 840
Doyle v. Croke (Unreported, High Court, Costello J., 6th May, 1988)
R.T. v. Director of Central Mental Hospital [1995] 2 I.R. 65
By Mark Tottenham BL in MacMenamin J No Comments Tags: Financial regulation, Judicial review
Hooper Dolan Financial Ltd v. Financial Services Ombudsman [2011] IEHC 296 (15 April 2011)
High Court (MacMenamin J) grants certiorari of decision of Financial Services Ombudsman upholding complaint against applicant, on grounds of jurisdiction. (Full text.)
Judicial review – decision of financial services ombudsman upholding complaint against applicant – appeal from decision – Central Bank and Financial Services Authority Act 2004 – whether complaint within the jurisdiction of the ombudsman – complaint by investor (Abbeyleix Credit Union) to ombudsman in relation to investment made through applicant – failure to appeal within 21-day limit – failure to indicate intention to seek judicial review at time of application to extend time for appeal – abuse of process – conduct of applicant – waiver, acquiescence and estoppel in relation to alleged grounds for judicial review – definition of “turnover” – procedure adopted by ombudsman in determining issue of jurisdiction – whether credit union was a “consumer” for purposes of complaint – retrospectivity – failure of applicant for judicial review to act in good faith.
Ní Eilí v. Environmental Protection Agency & Anor (Kelly J.) [1997] 2 I.L.R.M. 458
O’H. v. O’H. [1990] 2 I.R. 558
Harrisrange Limited v. Duncan [2003] 4 I.R. 1
Inspector of Taxes v. Kiernan [1981] I.R. 117
J & E Davy v. Financial Ombudsman & Anor [2010] 2 I.L.R.M. 305
Ryan v. O’Callaghan (Unreported, High Court, Barr J. 22nd July, 1987)
Berkley v. Edwards [1988] I.R. 217
Byrne v. Grey [1988] I.R. 31
Equality Authority v. Portmarnock Golf Club [2010] I.R. 671
McDaid v. Sheehy [1991] 1 I.R. 1
CityView Press v. An Chomhairle Oiliúna[1990] I.R. 381
O’Neill v. Minister for Agriculture [1998] 1 I.R. 539
BUPA Ireland Limited v. H.S.E. [2006] IEHC 431
Laurentiu v. D.P.P. [1999] 4 I.R. 26
Leontjava v. D.P.P. [2004] 1 I.R. 591
McKee v. Culligan [1992] 1 I.R. 223
McGrath v. Garda Commissioner (No. 2) [1992] I.L.R.M. 38
M. v. D. [1998] 3 I.R. 175
Haughey v. Moriarty [1999] 3 I.R. 1
Minister for Family Affairs v. Scanlon [2001] 1 I.R. 64
Hamilton v. Hamilton [1982] I.R. 466
Maguire v. Ardagh [2002] 1 I.R. 385
B. v. Fitness to Practice Committee of the Medical Council [2004] 1 I.R. 103
Brennan v. Governor of Portlaoise Prison [2008] 3 I.R. 364
R. (County Council of Kildare) v. Commissioner of Valuation [1901] 2 I.R. 215
Adams v. DPP [2001] 2 I.L.R.M. 401
A. v. Governor of Arbour Hill Prison [2006] 4 I.R. 88 at 165
Cahill v. Sutton [1980] I.R. 269
By Mark Tottenham BL in MacMenamin J No Comments Tags: Mental health law
P -v- Attorney General & Ors [2010] IEHC 473 (MacMenamin J, 21 December 2010)
High Court refuses application for leave to challenge involuntary detention, and grants limited Isaac Wunder order in respect of actions against the respondents.
Mental Health Act 2001 – involuntary detention – judicial review – application for leave – allegations of conspiracy by MI5, Fianna Fail – whether application frivolous or vexatious – attempt to re-litigate matters explored in earlier action – limitations on constitutional right of access to court.
Murphy v. Greene [1990] 2 I.R. 566;
Blehein v. Minister for Health and Children [2009] I.R. 275;
Wunder v. Hospital Trust (1940) Ltd. (Unreported, Supreme Court, 24th January, 1967) (Unreported, Supreme Court, 22nd February, 1972);
Bula Holdings and Others v. Roche and Others [2008] IEHC 208; (Unreported, Supreme Court, Edwards J. 6th May, 2008),
Fay v. Tegral Pipes Ltd. [2005] 2 I.R. 261;
Riordan v. Ireland (No. 5) [2001] 4 I.R. 463;
Riordan v. Hamilton [2002] IESC 65 (Unreported, Supreme Court, 9th October, 2002)
Riordan v. Government of Ireland [2006] IEHC 312(Unreported, High Court, 6th October, 2006)
Bula Ltd. (In Receivership) v. Crowley and Others [2009] IESC 35 (Unreported, Supreme Court, 3rd April, 2009)
Henderson v. Henderson [1843] 3 HARE 100
By Mark Tottenham BL in MacMenamin J No Comments
Judicial review – failure of Refugee Appeals Tribunal to grant refugee status – delay – requirement of tribunal to consider “all relevant facts” as they relate to the country of origin “at the time of taking a decision” – whether tribunal acted unreasonably –
Court grants leave to apply for judicial review on one ground but refuses application on other grounds.
F.A.A v. Refugee Appeals Tribunal (Unreported, High Court, 24th June, 2008)
M.M.A. v. Refugee Appeals Tribunal (Unreported, High Court, 12th May, 2009)
Article 8(2) of the Procedure Directive (2005/85/EC)
Regulation 5 of the European Communities (Eligibility for Protection) Regulations 2006, (SI 518/2006)
Jansusi v. Home Secretary [2006] 2 A.C. 46
A.H. (Sudan) v. Home Secretary [2008] 1 A.C. 678
M.E. v. Refugee Appeals Tribunal (Unreported, Birmingham J., High Court, June, 2008)
Pamba v. Refugee Appeals Tribunal (Unreported, Cooke J., High Court, 19th May, 2009)
By Mark Tottenham BL in MacMenamin J No Comments Tags: Family law
Divorce – appeal from Circuit Court – access – sale of family home – proceeds of sale – sale frustrated by court applications – reduced price. Court varies previous orders.
By Mark Tottenham BL in MacMenamin J No Comments
Child abduction – Hague Convention – child from Czech Republic retained in Ireland without consent of other parent - Article 13 (4) – change of habitual residence – whether child lawfully removed – delay – acquiescence – Article 12. Court orders return of child to original country of residence.
G.T. v. K.A.O. [2007] I.E.S.C. 55
R.K. v. J.K. (Child Abduction: Acquiescence) [2000] 2 I.R. 417
A.S. v. P.S. [1998] 2 I.R. 244
Case A 523/07 European Court of Justice, 2nd April 2009
P.N. v. T.D. Supreme Court (ex tempore) 8th February, 2008
G.T. v. K.A.O. [2007] I.E.S.C. 55
By Mark Tottenham BL in MacMenamin J No Comments
Family law – judicial separation – change of circumstances – variation of access – entitlement of wife to property of the husband – requirement to clear arrears of mortgage repayments on family home. Court orders variation of Circuit Court orders and remits balance of proceedings to Circuit Court.