Murray J

Refusal of discovery in European arrest warrant application.

By Mark Tottenham BL in Murray J No Comments Tags: , , ,

Minister for Justice v. McGuigan [2012] IESC 17
(Supreme Court, Murray J (nem diss), 23 February 2012)

Supreme Court: a) allows appeal from order of discovery of material in European Arrest Warrant application; and b) strikes out certain points of objection as constituting abuse of process. (Full text.)

European arrest warrant – application for discovery – appeal from High Court – alleged offences of terrorism and illicit trafficking of weapons and munitions – discovery order made in High Court of: requests for assistance from Lithuania More

English national could not be surrendered to France for investigation or trial of murder allegedly committed in Ireland.

By Mark Tottenham BL in Denham CJ, Fennelly J, Hardiman J, Murray J, O'Donnell J No Comments Tags: ,

Minister for Justice v. Bailey [2012] IESC 16
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, O’Donnell J (all concurring), 1 March 2012)

Supreme Court allows appeal from High Court, and refuses order to surrender English national to France for investigation or trial of alleged murder of French person in Ireland.

Denham CJ (Full text.): European arrest warrant – appeal from order of surrender in High Court (Peart J) – application for surrender to France on charge of murder allegedly committed in Ireland – whether surrender More

Lack of defence of honest mistake renders unconstitutional the offence of unlawful carnal knowledge.

By Mark Tottenham BL in Denham CJ, Fennelly J, Murray J No Comments Tags: ,

Z S v. DPP [2011] IESC 49
(Supreme Court, Denham CJ, Murray J, Hardiman J, Fennelly J, Macken J, 21 December 2011)

Supreme Court allows appeal from High Court, and grants declaration that s 2(1) of the Criminal Law Amendment Act 1935 was inconsistent with the constitution by reason of the fact that it excluded the defence of mistake.

Fennelly J (Full text.): Constitutionality of statute – unlawful carnal knowledge – defence of honest mistake – s 2, Criminal law (Amendment) Act, 1935 – charge of unlawful carnal knowledge with 16-year-old girl – whether amendment to s 2 by More

McGuinn v. Commissioner of An Garda Siochana – SC – Application to set aside judgment, personal injuries, assault

By Mark Tottenham BL in Kearns P, Murray J No Comments Tags: ,

McGuinn v. Commissioner of An Garda Siochana [2011] IESC 33 (28 July 2011)

Supreme Court allows appeal from High Court (Cooke J), and grants order to set aside judgment granted in default of defence.

Murray J (Fennelly J concurring) (Full text): Application to set aside judgment in default of defence – Order 27, rule 14(2) – motion for judgment – consent to strike out with three weeks to file defence – error in order made – motion adjourned for three weeks – judgment granted, unless defence delivered within nine days – SI 63, 2004 – whether special circumstances existed at the time of the default – exercise of court’s discretion – delay in application – whether delay inordinate or inexcusable – whether correction or error would create an injustice – costs.

Kearns P (dissenting) (Full text): Claim for assault and unlawful arrest against members of An Garda Siochana – alleged firearms offence – “unless order” (conditional order granting judgment if defence not delivered by certain date) – failure to file defence in time – judgment granted in March 2007 – notice of intention to proceed served in July 2008 – notice of trial filed in September 2008 – motion to set aside judgment filed in December 2008 – delay of 21 months in seeking to set aside – obligation to move promptly – absence of explanation or excuse – European Convention on Human Rights Act 2003 – Article 6 of convention – whether Supreme Court should interfere with discretion exercised by High Court – attempts by plaintiffs to move proceedings forward during period of delay – failure of defendants to show defence on merits of case.

Byrne v. Ireland [1972] IR 241
Gilroy v. Flynn [2005] 1 I.L.R.M.
Croke v. Waterford Crystal Ltd [2005] 2 I.R. 383
Evans v. Bartlam [1937] A.C. 473
Alpine Bulk Transport Co. Inc. v. Saudi Eagle Shipping Co. Inc. [1986] 2 Lloyds
Stephens v. Paul Flynn [2008] 4 I.R. 31
Rainsford v. Limerick Corporation [1995] 1 IRLM 561
Primor Plc. v. Stokes Kennedy Crowley[1996] 2 I.R. 459
Martin v. Moy Contractors (Unreported, Supreme Court, 11th February, 1999)

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