By Mark Tottenham BL in McKechnie J No Comments Tags: Contract law, Mortgages
Marlan Homes Ltd v. Walsh [2012] IESC 23
(Supreme Court, McKechnie J (nem diss), 30 March 2012)
Supreme Court allows appeal from decision of High Court (Clarke J), and holds that property owners were not in breach of contract with investors.
Contractual interpretation – sale / lease of lands – mortgage facilities – whether fundamental breach of agreement -entitlement to rescind – registered land – conferral of exclusive licence on subject lands – agreement for lease – contractual More
By Mark Tottenham BL in McKechnie J No Comments Tags: Judicial review, Natural justice, Professional disciplinary law, Solicitors
O’Sullivan v. Law Society of Ireland [2012] IESC 21
(Supreme Court, McKechnie J (nem diss), 23 February 2012)
Supreme Court dismisses appeal from decision of High Court, and refuses judicial review of decision by Law Society to apply to the Solicitors Disciplinary Tribunal in respect of complaint of misconduct. (Full text.)
Judicial review – application by Law Society for inquiry by Solicitors Disciplinary Tribunal – professional disciplinary law – finding of prima facie evidence of misconduct – ss 7, 9 Solicitors (Amendment) Act 1994 (as More
By Mark Tottenham BL in McKechnie J No Comments Tags: Human rights, Local authority housing
Donegan v. Dublin City Council [2012] IESC 18
(Supreme Court, McKechnie J (nem diss), 27 February 2012)
Supreme Court: a) dismisses appeal from declaration of incompatibility with ECHR in respect of termination of local authority tenancy for alleged anti-social behaviour of tenant’s son; and b) (in separate unrelated case) allows appeal from declaration of incompatibility, where local authority tenant no longer resident at time of termination. (Full text.)
Housing – Articles 6, 8, 13 and 14, European Convention on Human Rights – s. 62(3), Housing Act 1966 – appeals from declarations of incompatibility – nuisance or disturbance to neighbours of local authority tenants – grant of More
By Mark Tottenham BL in Ireland Court of Criminal Appeal, McKechnie J, McKechnie J No Comments Tags: Criminal law, Road traffic law, Sentencing
DPP v. Derrick Stronge [2011] IECCA 79
(Court of Criminal Appeal, McKechnie J (judgment of court), 23 May 2011)
Court dismisses appeal by DPP from allegedly lenient sentence in case of dangerous driving causing death. (Full text.)
Sentencing – appeal by DPP – whether unduly lenient – dangerous driving causing death – sentence of two years with final 12 months suspended – alcohol in blood – previous convictions – victim impact statement – guilty plea – co-operation with gardai – apology – whether sentence appropriate More
By Mark Tottenham BL in Ireland Court of Criminal Appeal, McKechnie J, McKechnie J No Comments Tags: Criminal law
DPP v. Mekonnen [2011] IECCA 74
(Court of Criminal Appeal, McKechnie J (judgment of court), 13 October 2011)
Court refuses leave to appeal from conviction of rape, where prosecution relied on informal evidence of identification. (Full text.)
Criminal law – rape – appeal from conviction – informal identification – judge’s charge on identification – description of assailant as being “small, black and from Africa” – whether any rule against informal identification parade – procedures for formal identification parade – reasons why formal ID parade not appropriate or desirable – requirement for explanation of More
By Mark Tottenham BL in McKechnie J No Comments Tags: Asylum and immigration, Employment Law, Policing law
Donnellan v. Minister for Justice [2008] IEHC 467 (25 July 2008)
High Court (McKechnie J) dismisses plaintiff’s claim that his compulsory retirement as Assistant Garda Commissioner at the age of 60 was ultra vires the relevant legislation in breach of EU employment law. (Full text.)
Employment law – Garda Siochana – compulsory retirement of Assistant Garda Commissioner at age of 60 – Garda Síochána (Retirement) Regulations 1996 (S.I. No. 16/1996) – whether regulations ultra vires the Police Forces Amalgamation Act 1925 – More
By Mark Tottenham BL in McKechnie J No Comments Tags: Case stated, Competition law, Criminal law
DPP v Hegarty [2011] IESC 32 (28 July 2011)
Supreme Court (McKechnie J, nem diss) finds, by way of consultative case stated from the Circuit Court, that a director or manager of an undertaking could be found guilty of a competition law offence without the undertaking in question being convicted of the offence. (Full text.)
Competition law – consultative case stated – offence by director or manager of prevention, restriction or distortion of competition in trade of gas oil – entry of nolle prosequi against relevant undertakings – whether necessary that undertaking be convicted before the relevant individual could be convicted – s 3(4)(a) Competition (Amendment) Act 1996 – whether a jury capable of finding that the undertaking has committed an offence in the absence of a charge relating to the undertaking -
R. v. Donald [1986] 83 Cr. App. R. 49
A v. Governor of Arbour Hill Prison [2006] 4 I.R. 88
R. v. Dickson [1991] B.C.C. 719
R. v. Ontario Chrysler 1997 Ltd. 1994 CanLII 8758 (ON C.A.)
D.P.P. v. Roseberry Construction Ltd. [2003] 4 I.R. 338
R. v. Cogan [1976] Q.B. 217
A. v. Governor of Arbour Hill Prison [2006] 4 I.R. 88
Cahill v. Sutton [1980] I.R. 269
By Mark Tottenham BL in Fennelly J, McKechnie J 1 Comment Tags: Case stated, Landlord and Tenant law, Residential tenancies
Canty v. PRTB [2011] IESC 28 (19 July 2011)
Supreme Court (Fennelly J, nem diss): i) dismisses appeal from refusal of High Court (McKechnie J) to grant judicial review of the issue of criminal summons by the Private Residential Tenancies Board; and ii) affirms the decision by the High Court that a landlord was entitled to enforce an interim order of the PRTB after a final determination had been made. (Full text.)
Judicial review and case stated – issue of summons for breach of direction of Private Residential Tenancies Board – failure of appellant to comply with determination order – dispute over electricity bills – failure of tenant to sign PRTB registration form – interim direction of PRTB – determination of Circuit Court – whether a private landlord was entitled to enforce an interim determination of the board after a final determination had been made – whether the board had the power to institute criminal proceedings prior to the exhaustion of the civil proceedings.
Dillon v Dunne’s Stores Ltd., [1966] IR 397