By Mark Tottenham BL in Hanna J, Ireland High Court No Comments Tags: Personal injuries, Practice and procedure
Hayes v. McDonnell [2011] IEHC 530
(High Court, Hanna J, 15 December 2011)
High Court refuses to dismiss claim arising from alleged institutional abuse between 1949 and 1962.
Application to dismiss claim – alleged inordinate and inexcusable delay – complaints dating to period between 1949 and 1962 – claim arising from alleged physical and psychological abuse – convent school – industrial school – alleged More
By Ciaran Joyce BL in Ireland Court of Criminal Appeal, O'Donnell J No Comments Tags: Criminal law, Practice and procedure, Rules of evidence
DPP v Buck [2012] IECCA 109
(Court of Criminal Appeal, O’ Donnell J (judgment of the court), 20 October 2011)
Court of Criminal Appeal: a) grants an order extending time to apply for a certificate to appeal to the Supreme Court; but b) refuses certificate, on grounds that issue of refusal to adduce new evidence was not a point of law of exceptional public importance.
Criminal law – appeal from conviction from murder and arson – s.29 of the Courts of Justice Act 1924 – point of law of exceptional public importance – application to adduce evidence on appeal – test of materiality in Willoughby/O’Regan – admissibility of fresh evidence relating to events which More
By Mark Tottenham BL in Hedigan J, Ireland High Court No Comments Tags: Defamation, Limitation of actions, Practice and procedure
Moram v. Bell [2012] IEHC 111
(High Court, Hedigan J, 5 March 2011)
High Court dismisses appeal from decision of Circuit Court to dismiss action for slander.
Defamation – accusation of defamation – appeal from dismissal of case in Circuit Court (Judge O’Sullivan) – plaintiff “disfellowshipped” from congregation of Jehovah’s Witnesses – plaintiff ostracised by members of congregation – whether More
By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Practice and procedure, Solicitors
Coleman v. O’Neill [2012] IEHC 112
(High Court, Murphy J, 8 March 2012)
High Court grants order dismissing claim against financial institution for failure to disclose cause of action and abuse of process.
Claim for alleged negligence on part of financial organisation – application to dismiss claim – prospect of success – abuse of process – allegations of fraud and misfeasance of public office – plaintiff elected as director of credit union and More
By Mark Tottenham BL in Cross J, Ireland High Court No Comments Tags: Administrative law, Judicial review, Practice and procedure
Carbery Fishing Ltd v. Vallelly [2011] IEHC 527
(High Court, Cross J, 19 December 2011)
High Court refuses to set aside leave to seek judicial review in relation to decisions of purported fisheries appeals officer.
Judicial review – two related cases – applications to set aside leave to seek judicial review – s. 19 of the Fisheries (Amendment) Act 2003 – leave granted to challenge decisions of appeals officers – alternative statutory procedure for challenging More
By Mark Tottenham BL in Ireland High Court, Murphy J No Comments Tags: Practice and procedure, Property
McHugh v. McHugh [2012] IEHC 75
(High Court, Murphy J, 10 February 2012)
High Court grants order dismissing plaintiff’s claim to set aside transfer of lands for lack of locus standi and inordinate and inexcusable delay of 14 years.
Application to dismiss action – claim for order to set aside transfer – action comprising claim to prove will – delay – abuse of process – transfer of lands in 1990 – proceedings commenced in 2004 – whether inordinate or inexcusable delay – More
By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Adverse possession, Practice and procedure, Probate law, Solicitors
Gunning v. Sherry [2012] IEHC 88
(High Court, Hogan J, 28 February 2012)
High Court strikes out action against solicitor as an abuse of process and grants “Isaac Wunder order” against plaintiff, restraining her from commencing any further action in respect of same subject matter.
Proceedings against solicitor – application to strike out proceedings as abuse of process – res judicata – Isaac Wunder order – earlier proceedings concerning estate of plaintiff’s father in Circuit Court and High Court – ejectment proceedings – removal of plaintiff as executrix of More
By Mark Tottenham BL in Ireland High Court, Laffoy J No Comments Tags: Contract law, Practice and procedure
Malone v. Allison [2012] IEHC 87
(High Court, Laffoy J, 27 February 2012)
High Court finds that plaintiff had no cause of action against defendant and grants declaration that proceedings were bound to fail.
Contract law – application to dismiss claim for failure to disclose cause of action – claim alleging illegality of contract – whether contract void – whether interest rate excessive – misrepresentation – settlement of earlier proceedings – prior undertaking by defendant to hold More
By Mark Tottenham BL in Ireland High Court, Kelly J No Comments Tags: Banking law, Fraud, Practice and procedure
Cuttle v. ACC Bank PLC [2012] IEHC 105
(High Court, Kelly J, 30 March 2012)
High Court grants plaintiff leave to amend pleadings to include allegation of fraud against financial institution, but on terms as to costs.
Application for leave to amend pleadings – claim against financial institution – investment in financial product (Solid World Bond 5) – proposed claim of fraud against financial institution – Order 28, rule 1 – real questions in controversy – discretion of court – tendency to allow More
By Mark Tottenham BL in Deeny J, Northern Ireland High Court No Comments Tags: Conveyancing, Practice and procedure, Solicitors
McCallion Brothers Ltd v. Fisher [2012] NICh 5
(High Court of Northern Ireland, Deeny J, 10 January 2012)
Northern Irish High Court grants leave to defendant to join plaintiff’s solicitor as third party to action, on grounds of alleged failure to ensure that plaintiff obtained good title to property.
Application to join plaintiff’s solicitors as third party to action – action arising from purchase of property – purported vendor ceasing to have title to property – property vested in statutory housing executive – failure to register change of ownership – whether purchaser’s solicitor had More