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

Dismissed Garda officer unsuccessful in seeking judicial review.

Feb 9, 2012 By Mark Tottenham BL in Hedigan J No Comments Tags: Judicial review, Policing law

Galvin v. Garda Commissioner [2011] IEHC 486
(High Court, Hedigan J, 20 December 2011)

High Court refuses judicial review of dismissal of Garda officer. (Full text.)

Judicial review – dismissal of Garda officer – alleged neglect of duty, corrupt practice, discreditable conduct, District Court convictions – membership likely to undermine public confidence in An Garda Siochana – submissions prepared More

Garda denied compensation for infection subsequent to assault.

Feb 2, 2012 By Mark Tottenham BL in Irvine J 1 Comment Tags: Personal injuries, Policing law

Roche v. Minister for Finance [2011] IEHC 482
(High Court, Irvine J, 14 December 2011)

High Court dismisses Garda Compensation claim in respect of bacterial infection subsequent to assault in the course of duty. (Full text.)

Garda compensation – Garda Compensation Acts 1941-1945 – injuries sustained in the course of duties as police officer – bacterial infection subsequent to assault – causation and liability for infection – septic arthritis – More

Delayed Garda disciplinary investigation to proceed.

Jan 31, 2012 By Mark Tottenham BL in Finnegan J No Comments Tags: Judicial review, Policing law

Gillen v. Garda Commissioner [2012] IESC 3
(Supreme Court, Finnegan J, O’Donnell J, McKechnie J (dissenting), 26 January 2012)

Supreme Court dismisses appeal from High Court decision to refuse injunction to restrain Garda disciplinary investigation.

Finnegan J (Full text.): Judicial review – appeal from decision of High Court – refusal of application to restrain Garda disciplinary proceedings – delay in processing disciplinary hearing – Family Liaison Officer to family of murder victim – complaint by family More

McAuliffe v. O’Dwyer – HC – Misfeasance in public office, An Garda Siochana, contribution and indemnity

Nov 24, 2011 By Mark Tottenham BL in Clarke J (Frank) No Comments Tags: Concurrent wrongdoers, Misfeasance in public office, Policing law

McAuliffe v. O’Dwyer [2011] IEHC 270
(High Court, Clarke J, 13 May 2011)

High Court grants order that one defendant, An Garda Siochána, was entitled to a contribution from another defendant, an individual officer, of €30,000 towards the settlement of an action for misfeasance in public office, and an indemnity in respect of costs. (Full text.)

Misfeasance in public office – claim of harassment against officer of An Garda Siochána – claim settled against An Garda – claim for contribution or indemnity by An Garda against individual officer – concurrent wrongdoers – ss 11 More

McLaughlin v. Aviva – SC – Discovery, privilege claimed by Gardaí

Nov 18, 2011 By Mark Tottenham BL in Denham CJ, Hardiman J, O'Donnell J No Comments Tags: Discovery, Insurance, Policing law, Practice and procedure

McLaughlin v. Aviva Insurance (Europe) PLC [2011] IESC 42
(Supreme Court, Denham CJ, Hardiman J (diss), O’Donnell J, 15 November 2011)

Supreme Court allows appeal from High Court (Kelly J) and holds that Gardaí were entitled to claim privilege over CCTV footage sought by plaintiff in civil proceedings, notwithstanding that footage was plaintiff’s own property handed to Gardaí as part of criminal investigation.

Denham CJ (Full text.) Non-party discovery – privilege – claim against insurer for failing to indemnify in relation to fire – allegation that plaintiff responsible for fire – CCTV footage handed by plaintiff to Garda for investigation – privilege claimed by Garda over footage – ongoing criminal More

Bennett v. Egan – HC – Strike out of claim, Garda Siochána Complaints Board

Nov 5, 2011 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

Donnellan v. Minister for Justice – HC – Employment law, Garda, compulsory retirement

Nov 1, 2011 By Mark Tottenham BL in McKechnie J No Comments Tags: Asylum and immigration, Employment Law, Policing law

Donnellan v. Minister for Justice [2008] IEHC 467 (25 July 2008)

High Court (McKechnie J) dismisses plaintiff’s claim that his compulsory retirement as Assistant Garda Commissioner at the age of 60 was ultra vires the relevant legislation in breach of EU employment law. (Full text.)

Employment law – Garda Siochana – compulsory retirement of Assistant Garda Commissioner at age of 60 – Garda Síochána (Retirement) Regulations 1996 (S.I. No. 16/1996) – whether regulations ultra vires the Police Forces Amalgamation Act 1925 – More

Moran v. The Garda Siochána Ombudsman Commission – Judicial review, extension of time for making complaint

Jul 13, 2011 By Mark Tottenham BL in Hedigan J No Comments Tags: Judicial review, Policing law

Moran v. The Garda Siochána Ombudsman Commission [2011] IEHC 237 (9 June 2011)

High Court (Hedigan J) refuses judicial review of decision by Garda Siochána Ombudsman Commission to extend time for making of complaint against Garda. (Full text.)

Judicial review – decision to extend time for making of complaint – complaint made by person acquitted of rape – alleged harassment of accused person – 6-month time-limit – extension for good reasons – whether reasons considered prior to decision to extend time – objective test – whether rules of natural and constitutional justice apply to decision to extend time – whether applicant entitled to make submissions on decision.

O’Donnell v. Dun Laoghaire Corporation [1991] ILRM 301
O’Ceallaigh v. An Bord Altranais [2000] 4 I.R. 54
O’Callaghan v. Disciplinary Tribunal [2002] 1 I.R. 1
McCormack v. Garda Síochána Complaints Board [1997] 2 I.R. 489
Flood v Garda Síochána Complaints Board and Walsh [1999] 4 I.R. 560

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