Passenger in serious car accident knew of driver’s intoxication.
Tevlin vs McArdle (2014) IEHC 436 (High Court, Cross J, 6 October 2014)
The High Court finds the Motor Insurers Bureau of Ireland (
MIBI) was liable to pay 55 per cent of damages awarded to a back seat passenger of an uninsured drunk driver involved in a fatal collision, on the grounds that: (a) the Court could not accept the MIBI’s proposition that it should not be held liable at all due to the plaintiff’s knowledge of the driver’s intoxication; and (b) the correct basis on which to take account of society’s view of drunk driving was by a finding of contributory negligence.
Conor O’Higgins BL
Official assignee in bankruptcy was entitled to inspect family law documentation. In re Dunne (High Court, McGovern J, October 13th, 2014)
The High Court, in bankruptcy proceedings, determines that the official assignee was entitled to inspect documentation relating to separate family law proceedings involving the bankrupt, on the grounds that: (i) the relevant statutory provision governing what documentation should be provided by the bankrupt included court documents of the type sought; and (ii) the information contained therein was necessary to enable the assignee to carry out his function and any interference with the bankrupt’s right to privacy was proportionate.
Conor O’Higgins BL
Imprisonment not unlawful where counsel was “impeded” from making appropriate submissions. O’Brien vs DPP (2014) IEHC 461 (High Court, Hogan J, October 22nd, 2014)
The High Court refuses to order the release of prisoner sentenced to six months’ imprisonment for attempted robbery of a schoolboy, notwithstanding a claim that the defence counsel had been impeded from making appropriate submissions, where no fundamental breach of the prisoner’s constitutional rights had been identified or established and the order of conviction was perfectly good on its face, and an appeal to the Circuit Court was a more appropriate remedy.
Ciarán Joyce BL
Wrongful refusal of immigration permission to alleged victim of domestic violence. Parhiar vs Minister for Justice (2014) IEHC 445 (High Court, Noonan J, October 14th, 2014)
The High Court grants a judicial review of decision to refuse an “independent immigration permission” to a Pakistani national who had separated from her husband following allegations of domestic violence, but where no police report had been provided, on the grounds that the reasons given for refusal did not comply with the guidelines given by the Irish Naturalisation and Immigration Service.
James Cross BL
No unlawful ill-treatment of prisoner alleged to have swallowed contraband. Burke vs Governor of Cloverhill Prison (2014) IEHC 449 (High
Court, Barrett J, October 10th, 2014)
The High Court refuses an application to release a prisoner suspected by the prison authorities of having swallowed some form of contraband which was allegedly having a deleterious effect on his health, on grounds that there was no evidence he had been held or treated in such a manner as to render his continuing detention unlawful.
Ciarán Joyce BL
Convicted murderer who escaped from open prison surrendered to UK under European arrest warrant Minister for Justice vs Craig (2014) IEHC 460 (High Court, Edwards J, July 31st, 2014)
The High Court grants an order pursuant to a European arrest warrant, surrendering a convicted murderer who had escaped from an open prison in 2002 to the United Kingdom to serve remainder of his sentence, finding that this would not result in the respondent being subjected to “preventative detention” and would not be disproportionate to the legitimate aim being pursued by the issuing state.
Ciarán Joyce BL
Negligence claims against gardaí concerning criminal investigations to proceed to trial Smyth vs Commissioner of An Garda Síochána (2014) IEHC 453 (High Court, Peart J, July 10th, 2014)
The High Court refuses to strike out negligence claims against the Garda for alleged negligence in criminal investigations in the 1980s and 1990s, on grounds that it was not inevitable that the claims would fail, where the plaintiffs claimed a special relationship with the Garda that gave rise to a duty of care.
Ciarán Joyce BL
Minister failed adequately to assess the right to private life in making deportation orders C.I. vs Minister for Justice (2014) IEHC 447 (High Court, Mac Eochaidh J, July 31st, 2014)
The High Court determines that the Minister for Justice failed to give a reasoned finding in relation to the engagement of the right to private life pursuant to the European Convention on Human rights in two cases challenging the making of deportation orders.
James Cross BL
The full text of each judgment can be found on: courts.ie. These reports are provided by staredecisishibernia.com