Judgments: Key cases in brief

"Proceeds of sale" clause did not give rise to trust between supplier of goods and retail company in liquidation Unitherm Heating Systems Ltd v. Wallace [2015] IECA 191 (Court of Appeal, Irvine J, July 29th, 2015) Court of Appeal allows appeal from High Court, and determines that supplier of goods to a retail company in liquidation was not entitled to claim that the company held monies in trust arising from a "proceeds of sale" clause, nor that said monies could be traced into the accounts of the company's customers, on the grounds that: 1) the relationship between the companies was not one of principal and agent, so no fiduciary obligation arose; and 2) goods were not sold to customers as trustees in possession.

– Ciarán Joyce BL

Participation in training courses by prisoner was not sufficient for remission of sentence McCormack v. Minister for Justice [2015] IEHC 578 (High Court, Kearns P, September 21st, 2015) High Court refuses judicial review of decision to refuse enhanced remission of sentence, where the prisoner had undertaken several training courses, on the grounds that participation in such courses was not the only factor to be considered in determining whether to grant remission.

– Mark Tottenham BL

Planning permission for wind farm was valid despite withdrawal of consent from affected landowner Buckley v. An Bord Pleanála [2015] IEHC 572 (High Court, Cregan J, July 29th, 2015) High Court refuses judicial review of decision of An Bord Pleanála to grant planning permission for 22 wind turbines, where: a) an affected landowner had given written consent but withdrawn it once he knew the scale of the proposed windfarm, on the grounds that a valid and informed consent had been given and that the purported withdrawal only affected where the developer should place the access roads; and b) the fact that the Board had "noted" rather than "adopted" an Environmental Impact Assessment was sufficient in the circumstances of the case.

– Mark Tottenham

Court refuses to allow appeal of decision to uphold grant of planning permission to erect wind turbines Buckley v. An Bord Pleanála [2015] IEHC 590 (High Court, Cregan J, September 16th, 2015) High Court refuses certificate of leave to appeal to the Supreme Court in respect of the prior decision to refuse to quash the decision of An Bord Pleanála to grant planning permission for the building of wind turbines, in circumstances where: a) the applicants' intended arguments on appeal represent a restatement of arguments already raised at trial; and b) there were no points of law of exceptional public importance which would necessitate the granting of a certificate pursuant to the applicable planning and development legislation.

– Ian Fitzharris BL

Breath test printouts must be produced in both Irish and English languages to comply with legislation DPP v. Avadenei [2015] IEHC 580 (High Court, Noonan J, September 21st, 2015) High Court, in consultative case stated from the District Court concerning a driving under the influence of an intoxicant prosecution, finds that a breath test printout was not a duly completed statement within the meaning of road traffic legislation because it did not comply with regulations requiring that the relevant statement should be produced in both the English and Irish languages, and thus should not be admitted in evidence.

– Ciarán Joyce BL

Mother wrongfully retained children in Ireland contrary to the Hague Convention R v. R [2015] IEHC 573 (High Court, Abbott J, July 31st, 2015) High Court orders the return of children to Germany where their mother, a Polish national, was found to have wrongfully detained them in Ireland contrary to the Hague Convention, on grounds that Germany was their country of habitual residence.

– Shane Kiely

Conditions attached to solicitor's practising certificate were sufficient to alleviate Law Society's concerns Condon v. Law Society of Ireland [2015] IEHC 577 (High Court, Kearns P, September 21st, 2015) High Court dismisses statutory appeal from the Law Society, and affirms decision to permit a solicitor to receive a conditional practising certificate, provided that he remain under the employ and supervision of another solicitor of at least ten years standing, on the grounds that the society's procedures were not defective, that the solicitor had been afforded every opportunity to present his case in respect of complaints lodged against him, and that the conditions attached to grant of the certificate adequately met the Society's valid concerns.

– Ian Fitzharris BL

Sentencing judge was entitled to take subsequent convictions into account DPP v. PF [2015] IECA 197 (Court of Appeal, Sheehan J, July 6th, 2015) Court of Appeal dismisses appeal against severity of sentence of eight years' imprisonment – with the final third of that sentence suspended – for serious sexual assault on a young woman returning from a disco, finding that the sentencing judge was entitled to take subsequent convictions into account when considering the appropriate sentence, after a question had been raised as to whether the appellant had in some way used the system to avoid a consecutive sentence.

– Ciarán Joyce BL