Judgments: Key cases in brief

Trial judge correct regarding calculation of time of arrest for purposes of lawful detention. DPP vs Twesigye, IECA 99 (Court of Appeal, Edwards J, May 13th, 2015) The Court of Appeal dismisses an appeal against a conviction for possession of a controlled drug for the purposes of sale or supply, on grounds that 1) the trial judge had correctly ruled that the time of arrest should not be calculated from the beginning of the accused's detention in his dwelling, and that inculpatory statements were correctly admitted into evidence; 2) the trial judge was the person best placed to assess the credibility and reliability of the various witnesses who gave evidence relevant to the issue; and 3) the jury's verdict was not inconsistent or unreasonable.

– Ciarán Joyce BL

A driving disqualification is quashed and remitted for sentencing where there was an error on the face of the record. Ling vs DPP, IEHC 290 (High Court, Kearns P, May 15th, 2015) The High Court grants an order quashing two road disqualifications for driving without insurance (five days apart but prosecuted together) and remits the matter back for sentencing where the mandatory disqualification was recorded as being imposed in respect of the first offence in time instead of the second offence, finding that 1), not only was the disqualification recorded in respect of the first offence in time, but no reference had been made on the order to the relevant legislation which made the disqualification mandatory; and 2), it was immaterial that the convictions for both offences were entered on the same date, as the second conviction properly attracted the relevant legislation and a mandatory disqualification had to be imposed.

– Ciarán Joyce

An internet service provider is to take steps to prevent internet music piracy. Sony Music Entertainment (Ireland) Ltd vs UPC Communications Ireland Ltd (No. 1), IEHC 317 (High Court, Cregan J, March 27th, 2015) The High Court grants a landmark injunctive relief requiring an internet service provider to take reasonable steps to prevent its subscribers from illegally sharing music belonging to record companies, in breach of their constitutionally protected copyright in Ireland.

– Ian Fitzharris BL

Privilege was correctly claimed over documentation sought by way of further and better discovery. Quinn vs Irish Bank Resolution Corporation Ltd, IEHC 315 (High Court, McGovern J, May 19th, 2015) The High Court refuses an application for further and better discovery of some 170 documents and rules that most of the documentation, assessed individually by the court, was protected by litigation privilege as the defendant had established that the dominant purpose for their creation was for the purposes of investigations by the Office of the Director of Corporate Enforcement and the Financial Regulator.

– Ian Fitzharris An adjudicative process undertaken by the Financial Services Ombudsman was satisfactory. Lynch vs Financial Services Ombudsman, IEHC 298 (High Court, Baker J, March 26th, 2015) The High Court dismisses an appeal from a decision to the Financial Services Ombudsman with regard to a financial institution's decision to apply surplus funds from the sale of English properties against property loan arrears from Ireland, on grounds that the adjudication process was satisfactory and without any error of law.

– Shane Kiely BL

Extensive discovery is ordered in cases against former directors of a building society. Irish Bank Resolution Corporation Ltd vs Fingleton , IEHC 296 (High Court, Costello J, April 15th, 2015) High Court, in two related cases brought by a bank against former directors of an insolvent building society, orders the bank to make extensive discovery of documents which were relevant to the claim, including documents concerning transfers by the bank of loans to Nama.

– James Cross BL

An injunction restraining receivers is refused as loan terms are not in dispute. Komady vs Ulster Bank, IEHC 314 (High Court, McGovern J, January 23rd, 2015) The High Court refuses an interlocutory injunction restraining the defendants from acting in their capacity as joint receivers of a retail park, finding that the plaintiffs had failed to show there was a serious issue to be tried since the loan documentation was not in dispute between the parties.

– Ciarán Joyce

A personal injuries claim is dismissed where the plaintiff caused a road traffic crash. O'Sullivan vs Nally, IEHC 252 (High Court, Barr J, April 21st, 2015) The High Court dismisses a claim for personal injuries arising from a road traffic incident, on the grounds the evidence established the crash had been caused by the plaintiff who had driven his motorcycle on to the defendant's side of the road.

– Conor O’Higgins BL

The surrender of two men to the UK under European arrest warrants did not breach the constitutional prohibition on preventative detention. Minister for Justice vs Craig, IECA 102 (Court of Appeal, Hogan J, Peart J, May 21st, 2015) The Court of Appeal dismisses appeals from the High Court and affirms decisions ordering the surrender of two men to the United Kingdom pursuant to European arrest warrants, where they had been convicted of murder and sentenced to life imprisonment, on the grounds that their surrender would not breach the constitutional prohibition on preventative detention.

– James Cross

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