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

Debt collection case sent forward for plenary hearing.

Apr 18, 2012 By Mark Tottenham BL in Honohan (Master), Ireland High Court 2 Comments Tags: Human rights, Rules of evidence, Summary judgment

Allied Irish Banks PLC v. Collins
(Master of the High Court, 16 November 2011)

Master of the High Court sends debt collection case forward for plenary hearing.

Summary summons – “leave to defend” – order 2, Rules of Superior Courts – O 37, r 10, RSC – avenue available to any defendant refused leave to defend – position of lay litigants – patience of court – crowded Monday morning lists – whether hearings fair More

Termination of local authority tenancy incompatible with European Convention of Human Rights.

Mar 13, 2012 By Mark Tottenham BL in McKechnie J No Comments Tags: Human rights, Local authority housing

Donegan v. Dublin City Council [2012] IESC 18
(Supreme Court, McKechnie J (nem diss), 27 February 2012)

Supreme Court: a) dismisses appeal from declaration of incompatibility with ECHR in respect of termination of local authority tenancy for alleged anti-social behaviour of tenant’s son; and b) (in separate unrelated case) allows appeal from declaration of incompatibility, where local authority tenant no longer resident at time of termination. (Full text.)

Housing – Articles 6, 8, 13 and 14, European Convention on Human Rights – s. 62(3), Housing Act 1966 – appeals from declarations of incompatibility – nuisance or disturbance to neighbours of local authority tenants – grant of 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

Court dismisses challenges to proceeds of crime legislation under ECHR.

Feb 1, 2012 By Mark Tottenham BL in Feeney J No Comments Tags: Human rights, Proceeds of crime

Gilligan v. Murphy [2011] IEHC 465
(High Court, Feeney J, 20 December 2011)

High Court dismisses applications by plaintiffs seeking to challenge proceeds of crime legislation under European Convention of Human Rights. (Full text.)

Proceeds of crime – incorporation of European Convention on Human Rights into Irish law – whether incorporation prospective only, or retrospective – alleged breaches of Convention prior to incorporation – order made under section 3 of the 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

Court quashes Minister’s refusal to revoke deportation order.

Jan 20, 2012 By Mark Tottenham BL in Clark J (Maureen) 1 Comment Tags: Asylum and immigration, Constitutional law, Human rights, Judicial review

B S v. Minister for Justice [2011] IEHC 417
(High Court, Clark J, 13 October 2011)

High Court grants certiorari of Minister’s decision not to revoke deportation order. (Full text.)

Judicial review – refusal to revoke deportation order – previous failed asylum application – father of Irish citizen child – application for revocation of deportation order following marriage and birth of child – constitutional right of More

Libel plaintiff loses injunction application.

Dec 8, 2011 By Mark Tottenham BL in Murphy J No Comments Tags: Defamation, Human rights, Injunction

Mercury Engineering v. McCool Controls and Engineering Ltd [2011] IEHC 425
(High Court, Murphy J, 19 July 2011)

High Court refuses to grant interlocutory injunction restraining publication of allegedly defamatory material. (Full text.)

Publication of information concerning plaintiffs – interlocutory application – claim for damages for defamation, inducement and conspiracy – construction of airport terminal – subcontractors – supply and installation of building More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

Human rights