By Mark Tottenham BL in Ireland High Court, Peart J No Comments Tags: Defamation, Injunction
Tansey v. Gill [2012] IEHC 42
(High Court, Peart J, 31 January 2012)
High Court grants injunction restraining defendants from operating a website used to defame solicitors.
Defamation – injunction – website (www.rate-your-solicitor.com) – anonymous and pseudonymous comments about Irish solicitors – proceedings issued against overseas defendant – difficulty in identifying parties behind website – complaints More
By Ciaran Joyce BL in Peart J No Comments Tags: Criminal judicial review, Practice and procedure
Farrell v. Judge Browne [2012] IEHC 54
(High Court, Peart J, 7 February 2012)
High Court refuses judicial review of decision to remand applicant on bail without having extended time for service of book of evidence, on the grounds that there was no specific time limit service in the case of an offence triable only on indictment.
Judicial Review – Sections 15A and 27A of the Misuse of Drugs Act, 1977 – Misuse of Drugs Regulations 1988 and 1993 – Sections 15 and 27 (as amended) of the Misuse of Drugs Act, 1977 – hybrid offences – gap between the date of the alleged offences and the charges being brought against his client – whether 42 day rule applies – extension of time being granted for More
By Mark Tottenham BL in Peart J No Comments Tags: Costs, Habeas corpus (Article 40)
Rostas v. Governor of Mountjoy Prison [2012] IEHC 33
(High Court, Peart J, 2 February 2012)
High Court grants costs of Article 40 (habeas corpus) inquiry to prisoner where respondent failed to produce him to court on three separate occasions. (Full text.)
Lawfulness of detention – Article 40 – habeas corpus – costs – failure to produce applicant to court – four-month sentence – road traffic offence – reconizances fixed pending appeal – application to vary reconizances – failure to produce More
By Mark Tottenham BL in Peart J No Comments Tags: Employment Law, Personal injuries
Donnelly v. LPB Building Services Ltd [2012] IEHC 17
(High Court, Peart J, 20 January 2012)
High Court dismisses claim for personal injuries sustained by plaintiff working in own garden, as he was not in the employment of the defendant at the material time. (Full text.)
Personal injuries – alleged workplace injury – injury to eye while cutting wire – no goggles – lack of training – lack of supervision – whether plaintiff in employ of defendants – renovation work to local authority houses, including plaintiff’s own More
By Mark Tottenham BL in Peart J No Comments Tags: Child abduction
G v. R [2012] IEHC 16
(High Court, Peart J, 12 January 2012)
High Court refuses to make order to return 13-year-old boy to mother UK, where he expressed preference to remain with father in Ireland. (Full text.)
Child abduction and enforcement of custody – boy lived with father in Ireland for seven years – sister living with mother in UK – sister persuaded boy to move to UK – boy (then 13) returned to Ireland after one year for holiday with mother More
By Mark Tottenham BL in Peart J No Comments Tags: Judicial review, Mental health law
P L v. Clinical Director of St Patrick’s Hospital [2012] IEHC 15
(High Court, Peart J, 24 January 2012)
High Court refuses judicial review of refusal of staff of to allow patient suffering from mental health disorder to leave Special Care Unit following revocation of order of detention. (Full text.)
Judicial review – application for declaration that hospital not permitted to refuse permission to leave Special Care Unit – involuntary detention in psychiatric institution, following period of voluntary More
By Mark Tottenham BL in Peart J No Comments Tags: Valuation
Fingal County Council v. Commissioner of Valuation [2011] IEHC 506
(High Court, Peart J, 21 December 2011)
High Court holds, by way of case stated, that the National Aquatic Centre was a state authority and therefore exempt from rates. (Full text.)
Rates – case stated from Commissioner of Valuation – whether National Aquatic Centre fell within ambit of “the state” or “office of state” – whether exempt from rates – s 15(3), Valuation Act 2001 – relevant criteria: nature and function; More
By Mark Tottenham BL in Peart J No Comments Tags: Costs, Easements
All Saints National School v. Courts Service [2011] IEHC 434
(High Court, Peart J, 22 November 2011)
High Court: a) awards defendant the costs of an unsuccessful application for an interlocutory injunction; and b) awards the plaintiff one half of the costs of the successful proceedings; said costs to be set off against each other. (Full text.)
Costs – equitable relief awarded in earlier judgment – whether costs should follow event – whether court should depart from normal rule – alteration of plaintiff’s original case – easement as ordered similar to offer of licence made by defendant More
By Mark Tottenham BL in Peart J No Comments Tags: Negligence, Taxation
Tobin v. Foley [2011] IEHC 432
(High Court, Peart J, 22 November 2011)
High Court grants order that respondent was liable to a revenue penalty of €102,460 for negligently submitting an incorrect CGT return. (Full text.)
Taxation – Sections 1053 and 1077B(3), Taxes Consolidation Act, 1997 – whether respondent liable to penalty for negligently submitting an incorrect Capital Gains Tax return – sale of licensed premises – prior determination of revenue’s More
By Mark Tottenham BL in Peart J No Comments Tags: Commercial Court, Injunction, Passing-off
McCambridge Ltd v. Joseph Brennan Bakeries [2011] IEHC 433
(High Court, Peart J, 25 November 2011)
High Court awards injunctive relief to restrain bread producer from packaging product in a manner likely to confuse purchasers. (Full text.)
Passing off – Commercial Court – packaging of bread – labelling of product – goodwill or reputation in product – whether deliberate intention to confuse purchasers – mimicking packaging of other producer – care and attention paid by More