Judgments: key cases in brief

Genetic mother not entitled to be registered as mother of twins born to surrogate. In re MR; MR v. An tArd- Chláraitheoir [2014]IESC 60 (Supreme Court, Clarke J, Denham CJ, Hardiman J, MacMenamin J, O'Donnell J, 7 November 2014). Supreme Court allows appeal from High Court, and quashes a declaration that a genetic mother of twins was entitled to be registered as their "mother" for the purposes of civil registration, rather than their gestational mother under a surrogacy arrangement, on the grounds that it was a matter for the Oireachtas to determine such rights by way of legislation.

Mark Tottenham BL

Statutory limitation period not applied in case relating to life assurance policy. Edwards -v- Ark Life Assurance Company Ltd [2014]IEHC 437 (High Court, White J, 13 May 2014).

High Court, by way of preliminary issue, determines that a statutory limitation period did not apply to a claim relating to the sale of a life assurance policy, on the grounds that claims of estoppel and breach of fiduciary duty were based on the law of equity, although it was open to the trial judge to revisit the matter at the final hearing.

Conor O’Higgins BL

Revenue Commissioners could not challenge appointment of liquidator. Revenue Commissioners -v- Ladaney Limited [2014]IEHC 438 (High Court, Herbert J, 26 August 2014).

High Court refuses to appoint a new liquidator to a company on the application of the Revenue Commissioners, on the grounds that: (a) the liability of the company to the Revenue Commissioners’ was under appeal and was therefore not an ascertained amount; (b) a majority in value of the creditors voted, either personally or by valid proxy, in favour of the incumbent liquidator; and (c) there was no reason to believe that the liquidator would not carry out his duties in an efficient and proper manner.

Conor O’Higgins BL

Life prisoner surrendered to UK under European arrest warrant following alleged breach of terms of release. Minister for Justice v. Balmer [2014]IEHC 459 (High Court, Edwards J, 10 Sept,

2014). High Court orders surrender of respondent to the UK under European arrest warrant, after he allegedly breached the terms of his release on licence from a sentence of life imprisonment for murder, finding that his surrender would not result in "preventative detention", and that the presumption that the issuing State would respect the respondent's rights had not been displaced since the Parole Board and/or the courts in the issuing State were far better equipped to make the necessary judgment.

Ciaran Joyce BL

Undisclosed evidence given at trial of man accused of membership of unlawful organisation renders conviction unfair. DPP v. Farrell [2014]IECCA 37 (Court of Criminal Appeal, Hardiman J, 10 April 2014).

Court of Criminal Appeal quashes conviction for membership of an unlawful organisation, where a Chief Superintendent had given evidence in court beyond what was set out in the statement of proposed evidence, so that the accused person had not been given a fair opportunity of giving evidence to counter the allegations against him.

Ciaran Joyce BL

Compensation to farmer for destruction of livestock during foot-and-mouth outbreak must include consequential losses. Rafferty v Minister for Agriculture [2014]IESC 61 (Supreme Court, Denham CJ, O’Donnell J, 7 Nov

, 2014). Supreme Court: a) allows appeal from decision of High Court dismissing claim by farmer for compensation for all losses resulting from “compulsory depopulation” of livestock during outbreak of foot-and- mouth disease, on grounds that “compensation” meant total loss, including consequential loss to his business, and that any other interpretation would constitute an unjust attack on his property rights; and b) remits the decision to the High Court to determine the correct compensation.

Ian Fitzharris BL

New grounds could be added to application for judicial review of public procurement decision. Copymore Limited v Commissioners of Public Works of Ireland [2014]IEHC 63 (Supreme Court, Charleton J, 7 November 2014).

Supreme Court allows appeal from High Court, and grants applicant liberty to add new grounds to an application for judicial review of a decision to limit public procurement to a number of providers for the purchase of printing equipment for state bodies, on grounds that the applicant had shown a “good reason” to include the issue of “capacity”, and communicated its intention to add the ground at an early stage, and that the public interest was served by allowing the amendment.

Ian Fitzharris BL

No error of principle in imposing seven-year sentence of imprisonment for theft of cheques to value of €2.8m. DPP v. Hawkins [2014]IECCA 38 (Court of Criminal Appeal, Charleton J, 7 November 2014).

Court of Criminal Appeal, having dismissed an appeal against conviction for theft of cheques to the value of €2.8 million, dismisses an appeal against the severity of a seven- year term of imprisonment, on the basis that, as no error of principle by the sentencing court had been identified, the appeal court could not interfere with the decision.

Ciaran Joyce BL

The full text of each judgment can be is on courts.ie. These reports are provided by Stare Decisis Hibernia: staredecisishibernia.com