A two-week break during an assault trial did not render a conviction unsafe. DPP vs Franey (2015) IECA 15 (Court of Appeal, Edwards J, February 4th, 2015) The Court of Appeal dismisses an appeal against an assault conviction where the trial was adjourned after three days of hearing for two weeks, finding that 1) the trial judge's decision to break the trial was a matter properly within his discretion, 2) the trial judge did not influence or pressurise the jury into reaching its verdict, and 3), there was nothing unsafe about the conviction in the circumstances of the case.
– Ciarán Joyce BL
An appeal against a sentence for unprovoked "glassing" is dismissed. DPP vs O'Keeffe (2014) IECA 24 (Court of Appeal, Edwards J, December 18th, 2014) The Court of Appeal dismisses an appeal against the severity of a sentence of four years imprisonment, with one year suspended, for an assault involving an unprovoked attack with a glass, finding that 1) the trial judge correctly fixed the position of the offending conduct on the scale of seriousness due to the horrendous nature of the attack, and 2), the trial judge took into account and gave appropriate credit for everything that could have been said in favour of the appellant and, as such, there was no error in sentencing principle.
– Ciarán Joyce
A property adjustment order in a divorce action could not be held to be unconstitutional. LB vs Ireland (2015) IESC 1 (Supreme Court, Clarke J, January 15th, 2015) The Supreme Court dismisses an appeal from the High Court and affirms an order dismissing the appellant's action against the State for breaching his property rights as a result of a property adjustment order in divorce proceedings, on the grounds that as the Constitution required that proper provision be made for spouses, the claim was bound to fail.
– Conor O’Higgins BL
A challenge to an electrical infrastructure project fails. Timahoe vs An Bord Pleanála (2015) IEHC 18 (High Court, Haughton J, January 14th, 2015) The High Court refuses ajudicial review of a determination of An Bord Pleanála granting permission for an electrical infrastructure project in Laois and Kilkenny, on the grounds, inter alia, that (i) the planning board had carried out a proper environmental impact assessment, (ii) an appropriate assessment pursuant to the habitats directive was not required once the board had concluded, on the back of objective scientific evidence, that the development would not have an adverse impact on a special area of conservation in the locality, and (iii) that the planning board was entitled to refuse to award the applicants their costs of participating in the planning process.
– Conor O’Higgins
A retail chain that failed to give manual handling training was liable for injuries to employee. Meus vs Dunnes Stores (2014) IEHC 639 (High Court, Barr J, December 17th, 2014) The High Court awards damages of €85,255 to an employee of a large retail chain due to back injuries suffered by her while lifting a large box, on the basis that the employer had not provided her with adequate manual handling training or supervision.
– Conor O’Higgins
The offence of obstructing, perverting or interfering with the course of justice was held to be constitutional. McNulty vs Ireland and the Attorney General (2015) IESC 2 (Supreme Court, Denham CJ, January 21st, 2015) The Supreme Court dismisses an appeal from the High Court and upholds the constitutionality of the offence of obstructing, interfering with or perverting the course of justice, where the appellant was accused of intimidating a potential witness, finding that the provision enjoyed a presumption of constitutionality and that it did not displace the prosecution's burden of proving its case beyond a reasonable doubt.
– Ian Fitzharris BL
A divorce obtained in the UK before 1986 was not valid at Irish law. MH vs GH (2015) IESC 7 (Supreme Court, Clarke J, Dunne J, O'Donnell J, February 3rd, 2015) The Supreme Court, by way of a consultative case stated from the High Court, determines that the law in Ireland did not recognise the validity of a foreign divorce granted before October 2nd, 1986, where neither party to the divorce proceedings was domiciled in the relevant state at the date of the institution of the proceedings, and that an earlier High Court decision that sought to modify the common law rules in that regard had been incorrectly decided.
– Mark Tottenham BL
A contract for services at Dublin Airport cannot be concluded while subject to legal challenge. OCS – One Complete Solutions Ltd vs Dublin Airport Authority Plc (2014) IESC 6 (Supreme Court, Clarke J, January 30th, 2015) The Supreme Court, in the context of judicial review proceedings regarding the public procurement regime, rules that a challenge lodged against the decision of a statutory authority to award a public contract for services at Dublin Airport to a third party operated as an automatic freeze on the conclusion/finalisation of such a contract, owing to the proper implementation of an applicable European regulation.
– Ian Fitzharris A charge on a caravan park for the disposal of domestic sewage was outside the powers of a local authority. McDonough vs Irish Water (2014) IEHC 646 (High Court, Baker J, December 17th, 2014) The High Court a) refuses a judicial review of the imposition of a charge by a local authority for the supply of mains water to a private caravan park, but b), it grants a judicial review of a charge imposed for the disposal of domestic sewage from the park, which was outside the powers of the council.
– Ian Fitzharris The full text of each judgment can be found on courts.ie. These reports are provided by Stare Decisis Hibernia: staredecisishibernia.com