By Mark Tottenham BL in Ireland High Court, Ryan J No Comments Tags: Costs
Kenny v. Trinity College Dublin 2012 [IEHC] 77
(High Court, Ryan J, 24 February 2012)
High Court dismisses application for review of decision of Taxing Master in relation to alleged environmental cases.
Taxation of costs – review of decision by taxing master – Article 10a of Directive 85/337/EEC – requirement that persons with legitimate interest in decisions affecting environment have access to review procedure that was “fair, equitable, More
By Mark Tottenham BL in Ryan J No Comments Tags: Asylum and immigration, Judicial review
N O v. Minister for Justice [2012] IEHC 472
(High Court, Ryan J, 14 December 2011)
High Court refuses leave to seek judicial review of refusal of subsidiary protection and of deportation order. (Full text.)
Judicial review – application for leave – refusal of subsidiary protection – deportation order – s. 5, Illegal Immigrants (Trafficking) Act 2000 – whether substantial grounds established – EU Directive 2004/83/EC – alleged failure of More
By Mark Tottenham BL in Ryan J No Comments Tags: Summary judgment
Danske Bank v. Feeley [2011] IEHC 456
(High Court, Ryan J, 9 December 2011)
High Court grants judgment in sum of over €4 million, the defendants having failed to establish probability of bona fide defence. (Full text.)
Application for summary judgment – money due arising from loan – whether loan was non-recourse – whether defendants led to believe that capital would not be demanded provided interest payments made – whether bank wrongfully withdrew More
By Mark Tottenham BL in Ryan J No Comments Tags: Contract law, Summary judgment
Irish Life and Permanent PLC v. Hudson [2012] IEHC 11
(High Court, Ryan J, 13 January 2012)
High Court grants summary judgment to bank in respect of mortgages for buy-to-let properties. (Full text.)
Claim for summary judgment – debt of over €2 million – whether real or bona fide defence – alleged representation by agent that mortgages were non-recourse, interest only, entirely dependent on assets covered by mortgages and that private More
By Mark Tottenham BL in Ryan J No Comments Tags: Personal injuries, Practice and procedure
Burke v. McKenna [2011] IEHC 449
(High Court, Ryan J, 5 December 2011)
High Court grants order for separate hearings in respect of liability and quantum in personal injuries action. (Full text.)
Personal injuries – road traffic accident -application for separate hearings in respect of liability and quantum – O. 36, r. 9, Rules of the Superior Courts – serious head injuries – ward of court – previous claim giving rise to substantial More
By Mark Tottenham BL in Ryan J No Comments Tags: Company law, Insurance
In re Gerry Bredin Hardware Ltd [2011] IEHC 442
(High Court, Ryan J, 29 November 2011)
High Court holds that a company in liquidation was the rightful owner of insurance monies that were wrongly disbursed to the directors. (Full text.)
Company law – company in liquidation – insurance payment received – funds disbursed to directors – company insolvent – whether payment to directors within two years prior to winding up was invalid – appointment of liquidator – s. 286, More
By Mark Tottenham BL in Ryan J No Comments Tags: Policing law, Practice and procedure
Bennett v. Egan [2011] IEHC 377 (10 October 2011)
High Court (Ryan J) grants order striking out claim against the Garda Siochána Complaints Board. (Full text.)
Application to strike out action – claim against Garda Siochána Complaints Board (GSCB) – whether frivolous, vexatious, abuse of process or bound to fail – whether plenary proceedings against GSCB appropriate – whether judicial review would be statute barred – complaint that More
By Mark Tottenham BL in Ryan J No Comments Tags: Assessment of damages, Medical negligence
English v.South Eastern Health Board [2011] IEHC 362 (28 July 2011)
High Court (Ryan J) awards plaintiff damages in the sum of €75,000 for psychiatric injuries resulting from medical negligence, and apportions the damages 60:40 between the hospital and the consultant obstetrician and gynecologist. (Full text.)
Medical negligence – alleged failure to diagnose ectopic pregnancy – transfer to another hospital when plaintiff in serious condition – whether psychiatric problems attributable to alleged negligence – pre-existing psychiatric problems – assessment of damages – apportionment of damages.
By Mark Tottenham BL in Ryan J No Comments Tags: Limitation of actions, Mental health law, Personal injuries, Practice and procedure
Doherty v. Quigley [2011] IEHC 361 (5 July 2011)
High Court (Ryan J): a) finds that the defendant committed acts of sexual assault on the plaintiff in the late 1980s and early 1990s; b) finds that the plaintiff was suffering from a psychological injury sufficient to stop time running for the purposes of the limitation period; c) assesses general damages in the sum of €400,000. (Full text.)
Sexual abuse – personal injuries claim – person of unsound mind – ss 48 and 48A, Statute of Limitations 1957 – whether acts of sexual abuse committed – whether plaintiff was person of unsound mind or under a disability – whether s 48A applied – alleged abuse by Irish dancing teacher – sexual contact from age of 12-13 – abuse in late 1980s and early 1990s – proceedings commenced in 2006 – criminal proceedings resulting in jury disagreements and subsequent nolle prosequi – psychiatric evidence – alleged personality disorder – dissociation – definition of psychological injury – whether the will to bring an action is substantially impaired – whether the ability to make a reasoned decision is substantially impaired – severe post-traumatic stress disorder – assessment of damages.
F.W. v. J.W. Charleton J. 18th December, 2009
J. O’C v. D.P.P., [2000] 3 I.R. 478
B. v. D.P.P. [1997] 3 I.R. 140
M. v. N. [2005] 4 I.R. 461
By Mark Tottenham BL in Ryan J No Comments Tags: Judicial review, Personal injuries
Plewa v. Personal Injuries Assessment Board [2010] IEHC 516 (19 October 2010)
High Court (Ryan J) refuses judicial review of decisions by PIAB concerning legal costs incurred by claimants. (Full text.)
Judicial review – refusal of PIAB to include solicitor’s fees in assessment – allowance of 40% of fees in separate case – reasonableness – whether reasonable or necessary for claimants to have incurred legal costs – ss 7, 29, 30, 44 Personal Injuries Assessment Board Act 2003 – entitlement of claimant to legal advice – knowledge of claimant that costs of legal representation would not be paid by PIAB – principles applying to judicial review – discretion of PIAB – duty to give reasons – whether adequate reasons given – whether PIAB complied with Act.
O’Brien v. Personal Injuries Assessment Board [2009] 3 I.R. 243
R v. Chief Constable of North Wales Police, ex p. Evans [1982] 1 W.L.R. 1155
O’Keeffe v. An Bord Pleanála [1993] 1 I.R. 93;
Meadows v. The Minister for Justice, Equality and Law Reform (Unreported, Supreme Court, 21st January, 2010)
Keegan v. Stardust Victims’ Compensation Tribunal [1986] I.R. 642;
O’Keeffe v. An Bord Pleanála [1993] 1 I.R. 93
Ryanair v. Flynn [2000] 3 I.R. 240;
Meadows v. The Minister for Justice, Equality and Law Reform(Unreported, Supreme Court, 21 St January, 2010)
Mishra v. The Minister for Justice, Equality and Law Reform [1996] 1 I.R. 189
McCarron v. Kearney (Unreported, Supreme Court, 11th May, 2010)
O’Donoghue v. An Bord Pleanála [1991] 1 I.L.R.M. 750
Meadows v. The Minister for Justice, Equality and Law Reform (Unreported, Supreme Court, 21st January, 2010)
O’Callaghan v Mahon (Supreme Court, 30th March 2007)