The defendants were found to be the owners of a hedge after a bitter dispute between neighbours. Madigan - vs - Reuter (2014) IEHC 617 (High Court, Kearns P, December 12th, 2014) The High Court, on appeal from the Circuit Court, dismisses a claim for ownership of hedgerow on the grounds that the "hedge and ditch" rule gave rise to a presumption that the defendants were entitled to ownership of it.
– Conor O’Higgins BL
Damages into the future in catastrophic injuries case assessed at €13,522,000. Russell vs Health Service Executive (2014) IEHC 590 (High Court, Cross J, December 18th, 2014) The High Court grants €13.522 million to child who suffered catastrophic injuries at the time of his birth, on the grounds that the award would have to be invested in a very low-risk manner and the reasonable rate of return should be assessed at 1 per cent.
– Conor O’Higgins
The directors of mining company are disqualified for breach of court orders and a failure to abide by legal obligations. Re Aventine Resources plc: Director of Corporate Enforcement vs Liwosz (2014) IEHC 611 (High Court, Cregan J, October 30th, 2014). The High Court grants an order to disqualify two directors of an Irish mining company for six and seven years respectively, on the grounds that they had breached two court orders to deliver up annual returns to the company's agm, in addition to persistent failures over time to abide by their responsibilities under company law.
– Ian Fitzharris BL
A husband is committed to prison for failure to pay maintenance. R vs R (2014) IEHC 648 (High Court, O’Hanlon J, November 28th, 2014) The High Court commits a husband to prison for 28 days for failure to comply with an order in divorce proceedings to pay maintenance of €1,200 a week over seven consecutive weeks, subject to a short stay to allow him to purge his contempt of court.
– Ian Fitzharris
A disparity between sentences in a drugs possession case is warranted where one offender was the main instigator. DPP vs Heaphy (2015) IECA 7 (Court of Appeal, Kelly J, January 30th, 2015) The Court of Appeal dismisses an appeal against the severity of eight-year sentence (with the final two suspended) imposed for drug-possession offences, where his co-accused had received a suspended sentence, on the grounds that the appellant was the main instigator of the offence and there had been no error in principle by the sentencing judge.
– Ciarán Joyce BL
There was a serious risk of an unfair trial due to the loss of statement of complaint. JJP vs DPP (2015) IEHC 22 (High Court, Eagar J, January 19th, 2015) The High Court a) grants an order restraining the prosecution of the applicant on historical sexual assault charges on some counts on the indictment, where the loss of one statement of complaint together with the applicant’s responses to questioning gave rise to a serious risk of an unfair trial but b), refuses to restrain other charges, where a complainant had delayed in coming forward and there was blameworthy prosecutorial delay, but it did not give rise to the same risk.
– Ciarán Joyce
A minor error in a medical note was not poor professional performance. Corbally vs Medical Council (2015) IESC 9 (Supreme Court, Hardiman J, O'Donnell J, February 4th, 2015) The Supreme Court dismisses an appeal from High Court and affirms an order granting judicial review of sanction imposed by the Medical Council for alleged poor professional performance by surgeon arising from a minor once-off error in a medical note that was not causative of a later mistake in carrying out an incorrect procedure.
– Mark Tottenham BL
A managing director allowed directors’ remuneration to increase while the company’s performance declined. In re JPM CAD Design Ltd; Kelly vs Monson (2014) IEHC 573 (High Court, Barrett J, December 9th, 2014) The High Court a) grants an order restricting the managing director of a company in liquidation, where director remuneration was increased during a decline in the company’s financial performance but b), refuses an order in respect of the managing director’s wife, who did not have an active role in the running of the company.
– Mark Tottenham BL
One of the largest awards in libel history is reduced on appeal. Leech vs Independent Newspapers (Ireland) (2014) IESC 79 (Supreme Court, Dunne J, December 19th, 2014) The Supreme Court allows an appeal of a €1,872,000 libel award arising from newspaper articles alleging extramarital relations on the part of the plaintiff and substitutes an award of €1,250,000, notwithstanding the significant impact of the libel on the plaintiff in her personal and professional life.
– Ian Fitzharris
The full text of each judgment can be found on courts.ie. These reports are provided by Stare Decisis Hibernia: staredecisishibernia.com