Judgments

Former resident of State institution did not suffer "abuse" and was not entitled to compensation CM v Residential Institutions Redress Review Committee [2015]IEHC 335 (High Court, O'Malley J, May19th, 2015) High Court refuses judicial review of a decision that a former resident of a State institution had not suffered "abuse" and was not entitled to compensation under a statutory scheme, on the grounds that: a) a physical altercation between the applicant and a member of staff at the time did not amount to an assault amounting to abuse; and b) any violation of the applicant's constitutional rights was a proportionate and legitimate one in circumstances where the applicant had been at risk of suicide.

– Ian Fitzharris BL

Point not raised in lower court could not be argued in summary judgment appeal Irish Life & Permanent v O'Mahony [2015]IECA 98 (Court of Appeal, Peart J, May 8th, 2015) Court of Appeal dismisses from High Court, and affirms of summary judgment in the amount of €927,463.08 arising from borrowings made by a lay litigant, finding that no grounds of appeal were meritorious and that a new argument in relation to whether the bank had complied with evidential requirements had not been raised in the court below and could therefore not be argued on appeal.

– Ciaran Joyce BL

Contractor relied on assurance of future work when leasing expensive quarrying equipment Hennigan v Roadstone Wood Ltd [2015]IEHC 326 (High Court, Eagar J, May 21st,2015) High Court awards damages of €200,000 for breach of contract to independent contractor who entered into an expensive leasing agreement for a large loading shovel for use while working at the defendant's quarry, finding the plaintiff had been given assurances of future work and had been encouraged to enter into the agreement, following which he suffered losses as a result of the downturn in the levels of work.

– Ian Fitzharris BL

Subsidiary protection decision irrational in light of country of origin information before Minister IA v Refugee Appeals Tribunal [2015]IEHC 324 (High Court, Eagar J, June 4th, 2015) High Court grants judicial review of the decision of the Minister for Justice to refuse subsidiary protection to a Pakistani family, and to issue them with deportation orders, on the grounds, inter alia, that the subsidiary protection decision was irrational when viewed in the light of the country of origin information placed before the Minister.

– James Cross BL

Decision to dispense with cross-examination in asylum claim did not breach fair procedures ZAB v Christopher [2015]IEHC 345 (High Court, Eagar J, June 4th, 2015) High Court refuses judicial review of decision refusing refugee status to an Iraqi husband and wife, on the grounds that: (1) the Refugee Appeals Tribunal was entitled to indicate that the husband did not have to be cross-examined as he had an opportunity to make their case in full and to address adverse findings made by the Refugee Applications Commissioner; and (2) the tribunal's adverse credibility findings were rational and well-reasoned.

– James Cross BL

Serious firearm offence warranted its own sentence irrespective of other charges DPP v McDonnell [2015]IECA 115 (Court of Appeal, Mahon J, June 8th, 2015) Court of Appeal, on the application of the Director of Public Prosecutions, grants review of sentence of six years' imprisonment (with final three suspended) imposed after a guilty plea to two counts of robbery and one of carrying a firearm with criminal intent, finding that a firearm offence should normally attract its own sentence and that it was not appropriate that the offence be merely taken into account with other offences.

– Ciaran Joyce BL

Surrender ordered to UK under European arrest warrant despite offender's mental health problems and failure of Ireland to implement laws enabling him to complete probation here Minister for Justice v Teelin [2015]IEHC 310 (High Court, Hunt J, April 15th, 2015) High Court orders surrender to the UK pursuant to a European arrest warrant of a man with significant mental health difficulties who had been sentenced to seven years' imprisonment for grievous bodily harm, and who absconded to Ireland while on licence and wanted to complete his probation in this jurisdiction so as to avail of the support of his family.

– James Cross BL

Judgment had been obtained by tenant against receiver in an irregular manner Collins v Cummins [2015]IEHC 354 (High Court, Murphy J, June 10th, 2015) High Court sets aside orders for damages in the amount of €72,864.78 granted in default of appearance, in addition to declaratory relief granting tenant two years' quiet enjoyment of property now in the hands of a receiver, on the grounds that the receiver, as the de facto landlord at the material time, was never made a defendant to the proceedings brought by the plaintiff, and that the judgment had been irregularly obtained.

– Ian Fitzharris BL

De facto trainers of prize-winning horse were entitled to 20 per cent share of net proceeds of sale O'Reilly v Logan [2015]IEHC 352 (High Court, Keane J, June 5th, 2015) High Court determines that horse managers and unregistered trainers tasked with the care of a prize-winning horse were contractually entitled to their portions of a 20 per cent share in the net proceeds of its sale, owing to an unwritten agreement with the owner, but that they were not entitled to any prize money or interest in its progeny.

– Ian Fitzharris BL