Indefinite deportation from the state might interfere with constitutional right of family life.

May 18, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Constitutional law, Family law, Human rights, Judicial review

Sivsivadze v. Minister for Justice [2012] IEHC 137
(High Court, Hogan J, 26 April 2012)

High Court grants leave to seek judicial review of refusal to revoke deportation order, on grounds that a potentially life-long exclusion of a husband and father from the state raised issues as to the right to family life.

Judicial review – application for leave – refusal to revoke deportation order – whether s 3 of Immigration Act 1999 was unconstitutional – imposition of lifelong ban on deportee – Article 41, right to family life – Article 8, ECHR – history of applying for More

Retrial ordered on money laundering convictions due to unconstitutionality of search warrant.

May 17, 2012 By Ciaran Joyce BL in Hardiman J, Ireland Court of Criminal Appeal No Comments Tags: Constitutional law, Criminal law

DPP v Cunningham [2012] IECCA 64

(Court of Criminal Appeal, Hardiman J ( judgment of court), 11 May 2012)

Court of Criminal Appeal quashes ten convictions and orders retrial on nine counts of money laundering, on grounds that the search warrant was repugnant to the constitution.

Criminal law – appeal from conviction – money laundering – Northern Bank raid – unconstitutional search warrant – s.29(1) of the Offence Against the State Act, 1939 – Damache v DPP – whether the appellant was entitled to rely on this precedent to invalidate his conviction which predated the Damache decision by some years – search warrant central to case –evidence of the fruit of the invalid More

Court quashes refusal to permit parents of Irish citizen to reside in state.

May 10, 2012 By Mark Tottenham BL in Cooke J, Ireland High Court No Comments Tags: Asylum and immigration, Constitutional law, Judicial review

O’Leary v. Minister for Justice [2012] IEHC 80
(High Court, Cooke J, 24 February 2012)

High Court grants certiorari of refusal by Minister to extend permission to parents of Irish citizen to reside in state.

Judicial review – refusal to extend permission to reside in state – parents of Irish citizen – South African nationals – reliant on children for financial support – s. 4, Immigration Act 2004 – whether Irish citizen entitled to look after parents as More

Bingo hall conducted by agent of licensee was not unlawful.

Mar 14, 2012 By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Charities, Constitutional law, Gaming and lotteries, Policing law, Trespass

Omega Leisure Ltd v. Superintendent Charles Barry [2012] IEHC 23
(High Court, Clarke J, 12 January 2012)

High Court: a) affirms prior declaratory orders to the effect that the conduct of a lottery was not unlawful by reason of the fact that it was conducted by an agent of the licensee and that “pongo” machines were not “gaming machines”; and b) dismisses claim against Garda of alleged misfeasance in public office. (Full text.)

Gaming and lotteries – misfeasance in public office – charities – plan to establish bingo hall – Gaming and Lotteries Act 1956 – agent of charitable organisations with the benefit of gaming licence – raid of premises – application for More

Search warrant of dwelling house issued by member of Garda investigating team declared unconstitutional.

Feb 24, 2012 By Mark Tottenham BL in Denham CJ No Comments Tags: Constitutional law, Criminal judicial review, Policing law

Damache v. DPP [2012] IESC 11
(Supreme Court, Denham CJ (judgment of the court), 23 February 2012)

Supreme Court grants declaration that s 29(1) of the Offences against the State Act 1939 (as amended) was repugnant to the constitution, as it permitted search of dwelling house on foot of warrant issued by a person who was not independent. (Full text.)

Criminal law – judicial review – constitutionality of statute – s. 29(1), Offences against the State Act, 1939 (as inserted by s. 5 of the Criminal Law Act, 1976) – issue of search warrant by Garda who was member of investigating team – More

Offence of sexual act with child under 17 not discriminatory or unconstitutional.

Feb 24, 2012 By Mark Tottenham BL in Denham CJ No Comments Tags: Constitutional law, Criminal law, Human rights

M D v. Ireland [2012] IESC 10
(Supreme Court, Denham CJ (nem diss), 23 February 2012)

Supreme Court dismisses appeal from High Court, and upholds constitutionality of offence of engaging with sexual act with child under 17, notwithstanding exclusion of female children from prosecution. (Full text.)

Criminal law – constitutionality of statute – appeal from High Court (Dunne J) – s. 3(1) and s. 5, Criminal Law (Sexual Offences) Act 2006 – act of buggery with female under the age of 17 – accused aged 15 at time of alleged offence – More

Abolition of offence of buggery in 1993 prevented prosecution of alleged offence in 1970.

Feb 13, 2012 By Mark Tottenham BL in Denham CJ, Fennelly J, Hardiman J No Comments Tags: Constitutional law, Criminal judicial review, Criminal law, Human rights

DPP v. Judge Mary Devins [2012] IESC 7
(Supreme Court, Denham J, Hardiman J (with them, Macken J), Fennelly J (dissenting) (with him, Murray J), 8 February 2012)

Supreme Court allows appeal from decision of High Court, and holds that notice party was not liable for prosecution for alleged buggery of a child in 1970.

Denham CJ (Full text.): Judicial review – decision by District Court judge to make no order in relation to charge of buggery – repeal of ss 61 and 62, Offences Against the Person Act 1861 – buggery – whether a statutory offence – More

Plastic bag levy not just applicable to carrier bags.

Feb 8, 2012 By Mark Tottenham BL in Hedigan J No Comments Tags: Constitutional law, Human rights, Taxation

Dunnes Stores v. Revenue Commissioners [2011] IEHC 469
(High Court, Hedigan J, 13 December 2011)

High Court refuses judicial review of decision of the Revenue Commissioners to apply plastic bag levy to bags other than carrier bags. (Full text.)

Judicial review – assessment of environmental levy due under Waste Management (Environmental Levy) (Plastic Bag) Regulations, 2001 – levy on plastic bags other than those suitable for use at point of sale – s 72, Waste Management Act 1996 – More

Landlord not bound by ground rents legislation, therefore had no standing to challenge its constitutionality.

Feb 7, 2012 By Mark Tottenham BL in Fennelly J No Comments Tags: Constitutional law, Landlord and Tenant law

Shirley v. O’Gorman [2012] IESC 5
(Supreme Court, Fennelly J (nem diss), 2 February 2012)

Supreme Court dismisses appeal from High Court in constitutional challenge to ground rents legislation, holding that: a) the High Court imposed an incorrect standard of proof in relation to who constructed original buildings, and that landlord was not properly affected by section 10(2) of the Landlord and Tenant (Ground Rents)(no 2) Act 1978; b) accordingly, the landlord did not have standing to challenge the constitutionality of section 10(2); and c) it was a matter for the High Court to consider the effect of the Supreme Court judgment. (Full text.)

Landlord and tenant – ground rents legislation – constitutionality of legislation – appeal from High Court decision – lease of house and lands – construction of supermarket on lands – breach of covenant – loss of original identity of buildings – More

Money laundering legislation found unconstitutional.

Jan 31, 2012 By Mark Tottenham BL in Laffoy J No Comments Tags: Banking law, Constitutional law, Human rights, Proceeds of crime

Vehicle Tech Ltd v. Allied Irish Banks PLC [2010] IEHC 525
(High Court, Laffoy J, 4 October 2010)

High Court grants declaration that legislation under which bank account was frozen (since repealed) was repugnant to the constitution, and adjourns issue of whether plaintiff was entitled to damages. (Full text.)

Banking law – investigation into suspected criminal activities by plaintiff – holder of accounts with defendant bank – direction to bank by Garda under s. 31(8), Criminal Justice Act 1994 – money laundering – challenge to More

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