O’Keeffe J

Dowling v. Judge Brennan – HC – Judicial review, drink driving, disclosure

By Mark Tottenham BL in O'Keeffe J No Comments Tags: ,

Dowling v. Judge Brennan [2010] IEHC 522
(High Court, O’Keeffe J, 11 November 2010)

Court refuses judicial review of conviction of first named applicant on charge of drink driving, and application to restrain trials of three further applicants, on grounds of failure to disclose material relevant to intoxiliser. (Full text.)

Judicial review – conviction of drink driving of first applicant – application to restrain further prosecution of other three applicants – failure to disclose documents relating to intoxiliser – s. 49(4) of the Road Traffic Act 1961 (as amended) – s 17(2), Road Traffic Act 1994 – provision More

Buckley v. Judge Hamill – HC, judicial review, reissue of warrants

By Mark Tottenham BL in O'Keeffe J No Comments Tags:

Buckley v. Judge Hamill [2011] IEHC 261 (15 April 2011)

High Court (O’Keeffe J) refuses judicial review of reissue of warrants of execution by District Court. (Full text.)

Judicial review – District Court orders reissuing warrants of execution – failure to pay fines – imprisonment – alleged agreement by applicant to make herself available for imprisonment after Christmas – delay in seeking judicial review – failure to disclose reasons for non-execution of warrants – failure to set out grounds for seeking judicial review – power of District Court to reissue warrants.

Adams v. Director of Public Prosecutions [2001] 2 ILRM 401
A.P. v. Director of Public Prosecutions [2011] IESC 2
Daly v. Judge Coughlan and Director of Public Prosecutions [2006] IEHC 126
The State (McCarthy) v. Governor of Mountjoy Prison (Unreported, 26th October, 1967)
The State (O’Hanlon) v. Hussey (High Court, 5th May, 1986)
The State (McCarthy) v. Governor of Mountjoy Prison (Unreported, 26th October, 1967)
Cormack v. DPP [2009] 2 I.R. 208

HSE report concerning employee quashed.

By Mark Tottenham BL in Ireland High Court, O'Keeffe J No Comments Tags: ,

Cooke -v- H. S. E. [2010] IEHC 503 (O’Keeffe J, 18 November 2010)

High Court grants order of certiorari of report by HSE investigating allegation against employee of abuse, on the grounds of lack of fair procedures. (Full text.)

Judicial review – notification of complaint to Gardai by HSE – teacher of the deaf and audiologist – application for vacancy – allegation of abuse – inappropriate contact – complaint dating back 15 years – investigation by HSE – failure to engage with applicant during process More

Lucan Educate Together National School -v- Department of Education and Science; School enrolment policy, appeal against refusal to admit child.

By Mark Tottenham BL in O'Keeffe J No Comments Tags: ,

Lucan Educate Together National School -v- Department of Education and Science [2011] IEHC 86 (O’Keeffe J, 27 January 2011)

High Court holds that appeal committee failed to give valid reasons for decision to allow appeal against refusal to enrol child in outreach class for children with autism. (Full text.)

Judicial review – decision of department upholding appeal against decision to refuse enrolment to school – Outreach Class for children with Autism – enrolment policy – child on pre-enrolment list – decision by board of management that child did not meet enrolment criteria – appeal under section 29 of Education Act of 1998 – appeal allowed – whether appeals committee had jurisdiction to conduct full hearing of appeal or limited to decision of board of management – whether valid reasons given for decision – conclusion that child had “mild learning disability” – whether reasonable conclusion – whether appeal committee entitled to determine lawfulness of school’s enrolment policy.

Board of Management of St. Molaga’s National School v. Secretary General of the Department of Education & Ors Supreme Court (23rd November, 2010)

Wicklow County Council -v- O’Reilly & Ors [2010] IEHC 464 (O’Keeffe J, 12 July 2010)

By Mark Tottenham BL in O'Keeffe J No Comments Tags:

Court refuses to declare a mistrial or to dismiss the plaintiff’s claim for failure to make discovery.

Waste Management Acts – application to dismiss claim – unauthorised dumping – failure to make discovery.

Murphy v. Donohue & Ors [1996] 1 I.R. 123

Mercantile Credit Company v. Heelan (Unreported, Supreme Court, 14th February 1995)
Radiac Abrasives Inc. v. Prendergast & Ors (Unreported, High Court, 13th March, 2006)
Dunnes Stores v. Irish Life Plc & Joseph O’Reilly (2008) IEHC 114
Logicrose v. Southend United Football Club (The Times, 5 March 1998)
Taylor v. Clonmel Healthcare Limited [2004] 1 I.R. 169
Bula v. Tara Mines (No. 6) [1994] 1 IRLM 111
Leicestershire County Council v. Michael Faraday and Partners Limited [1941] 2 KB 205
Johnston v. Church of Scientology [2001] 1 I.R. 682
Digicel v. Cable & Wireless [2009] 2 All ER 1094

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