Judgments: Key cases in brief

Bank not guilty of defamation in publishing information concerning revocation of credit card Cagney v Bank of Ireland [2015]IEHC 288 (High Court, Hedigan J, May 8th, 2015) High Court grants order withdrawing case from jury in proceedings alleging defamation by bank of the plaintiff, in causing entries to be made in the Irish Credit Bureau regarding the plaintiff and the fact that his credit card had been revoked and, further, that he settled his account for less than the amount due, on grounds: a) that the bank's defence of qualified privilege was established where it communicated the information in pursuance of a legal and common interest; and b) the plaintiff had not pleaded any "malice" on the defendant's part which might defeat any defence of qualified privilege.

– Ian Fitzharris BL

Revenue Appeals Commissioner did not misdirect himself in law in claim for VAT refund Last Passive Ltd v Revenue Commissioners [2015]IEHC 685 (High Court, White J (Michael), October 24th, 2014) High Court, in a case brought by a bus operator seeking a refund of €873,268.30 in VAT from monies accrued from advertising, determines that the appeals commissioner did not misdirect himself in law and made conclusions on the facts which were open to him in finding that the inputs for either or both purposes were not dual inputs, and that the commissioner was correct to assert that for deductibility, a link must be established between the inputs and taxable supply in question.

– James Cross BL

Directors of company prevented by delay and estoppel from challenging appointment of liquidator In Re Panshire Ltd; Garcia v Kilkenny [2015]IEHC 272 (High Court, Haughton J, May 1st, 2015) High Court, in proceedings by liquidator of company against directors concerning use of company money, determines by way of preliminary issue that the directors were prevented by way of delay and estoppel from challenging the appointment of the liquidator where: a) he had been appointed in 2011 and his appointment was not questioned until 2015; and b) the directors had engaged with the liquidator through solicitors and it would be unjust or unconscionable to allow them to challenge his appointment.

– Mark Tottenham BL

Local authority entitled to extinguish public right of way over walkway Goodwill Housing Co-Operative Society Ltd v Kildare County Council [2015]IEHC 270 (High Court, Noonan J, April 30th, 2015) High Court refuses judicial review of resolution by local authority extinguishing a public right of way over a walkway, where the applicant company had failed to show any defect in the procedure leading to the resolution.

– Mark Tottenham BL Prison authorities in breach of regulations in not providing prisoner with an "open air" exercise yard Whelan v. Governor of Mountjoy Prison [2015]IEHC 273 (High Court, Murphy J, May 1st, 2015) High Court, by way of judicial review involving a prisoner who was kept in the "challenging behaviour unit" of the prison, determines: 1) that the exercise yard attached to the unit was not in compliance with prison regulations in that it was not "open air" having regard to the fact that it was substantially roofed; and 2) that the appeal was not moot notwithstanding that the prisoner had since been placed back into the general prison population.

– Ciaran Joyce BL

Performance of symphysiotomy in 1960s not medical negligence Farrell v Ryan [2015]IEHC 275 (High Court, Cross J, May 1st, 2015) High Court dismisses claim for personal injuries arising from performance of symphysiotomy procedure in the 1960s on plaintiff, determining: a) that the claim was not statute-barred, on grounds that the plaintiff did not have sufficient knowledge of her right of action until she had received her medical records; and b) that the defendant was not guilty of medical negligence where there had been sufficient medical opinion in the 1960s justifying the practice of symphysiotomy.

– Mark Tottenham BL

Prison must respect decision of prisoner on hunger strike not to be force fed or receive given medical treatment Governor of X Prison v McD [2015]IEHC 259 (High Court, Baker J, March 31st, 2015) High Court, in the case of a prisoner on hunger strike protesting the conditions of his detention, grants declaration that: (1) the prisoner's decision to refuse medical and nutritional assistance was valid; (2) the prisoner's wish and direction should remain operative in the event that the he became incapable of making a decision whether to accept such treatment; and (3) the prison was entitled to give effect to the prisoner's wishes not to be fed or to receive medical assistance.

– Ciaran Joyce BL

No arguable defence raised to bank's claim for summary judgment on foot of loans for purchase of lands Allied Irish Bank v O'Brien [2015]IEHC 260 (High Court, Baker J, March 27th, 2015) High Court grants judgment in favour of Allied Irish Bank in the sum of €5,454,279.29 against the second named defendant, on foot of loan facilities granted in 2006 for the purchase of tracts of land in, finding that the defendant had not raised an arguable defence to the claim.

– Damian Byrne BL

The full text of the judgements is available on courts.ie. These reports were written and compiled by Stare Decisis Hibernia: StareDecisisHibernia.com