Judgments: Key cases in brief

Country of origin information was unlawfully assessed by Refugee Appeals Tribunal QH (Pakistan) v Refugee Appeals Tribunal [2015]IEHC 582 (High Court, Eagar J, September 19th, 2015) High Court grants judicial review of a decision by the Refugee Appeals Tribunal to refuse refugee status to a Pakistani Ahmadi, on the grounds that the manner in which the tribunal dealt with country of origin information was unlawful in that: (1) it relied on out of date reports; (2) it failed to properly consider the country of origin information which dealt with the enforcement of blasphemy laws in Pakistan; (3) it failed to have adequate regard to country of origin information supportive of her claim; and (4) its finding on internal relocation failed to properly analyse the country of origin information.

– James Cross BL

Application to have lis pendens removed from lands is refused Kenmare Property Finance Ltd v McGuinness [2015]IEHC 576 (High Court, Faherty J, September 15th, 2015) High Court refuses to vacate a lis pendens that was registered by a financial institution against a borrower's lands in special summons proceedings, holding that the borrower had failed to establish that the proceedings were not bona fide.

– Shane Kiely BL

Liability for flood damage to university campus apportioned between electricity provider and the university itself University College Cork v ESB [2015]IEHC 598 (High Court, Barrett J, October 5th, 2015) High Court apportions liability for damage to university campus arising from release of water from hydro-electric dam, as to: a) 60 per cent against the defendant electricity supplier for failure to heed storm warnings and to take appropriate action in advance of the storm; and b) 40 per cent against the plaintiff university for contributory negligence in failing to take reasonable steps, including the pitching of floor levels and developments of campus-wide flood-response plan.

– Ian Fitzharris BL

Adverse credibility findings made in relation Algerian national's core claim for asylum were lawful AT v Refugee Appeals Tribunal [2015]IEHC 587 (High Court, Faherty J, September 22nd, 2015) High Court refuses judicial review of the decision by the Refugee Appeals Tribunal to refuse refugee status to an Algerian national, on the grounds that the tribunal had been entitled to make certain adverse credibility findings relating to her claim of threat from state authorities.

– James Cross BL

Jurisdiction to hear dispute with supplier was conferred on German courts Bushell Interiors v Leicht Kuchen [2015]IECA 211 (Court of Appeal, Hogan J, October 5th, 2015) Court of Appeal dismisses appeal from High Court, and affirms ruling that German courts had jurisdiction over contractual dispute between an Irish company engaged in the sale and supply of kitchens and a German supplier, finding that the exclusive jurisdiction clause provided for in the contract was sufficiently broad so as to apply to all disputes between the parties.

– Ciaran Joyce BL

Burglar who crashed vehicle has appeal against severity of sentence dismissed DPP v Cash [2015]IECA 198 (Court of Appeal, Sheehan J, July 9th, 2015) Court of Appeal dismisses appeal against severity of sentence of six years' imprisonment with the final 18 months suspended for endangerment, and four and a half years' imprisonment in respect of burglary charges, finding that there was no error of principle disclosed in either the sentence imposed or the learned trial judge's approach to sentence.

– Ciaran Joyce BL

Official assignee entitled to examine bankrupts and their children over valuable artworks in property In re O'Donnell (Bankruptcy) [2015]IEHC 595 (High Court, Costello J, October 6th, 2015) High Court, ruling on several motions brought by bankrupts and their children, rules that: a) a search and seize warrant granted to the bankruptcy inspector could not be rescinded; b) the official assignee should only be ordered to partake in cross-examination sparingly; and c) the bankrupts and their children were obliged to comply with any examination by the official assignee regarding valuable artworks that may have been in a property prior to it being searched.

– Shane Kiely BL

Accountant and financial adviser entitled to judgment in respect of certain transactions and services provided to property owners Bergin v Walsh [2015]IEHC 594 (High Court, Hogan J, June 19th, 2015) High Court: a) dismisses bulk of €3.5 million claim for alleged services provided by financial adviser and accountant to owners of substantial property; but b) grants certain payments on a quantum meruit basis to reflect the actual value of the services provided at the relevant times.

– Ian Fitzharris BL

Circuit Court lacked jurisdiction where combined valuation of individually rated lands exceeded the limit Meagher v Woods [2015]IEHC 464 (High Court, Baker J, July 3rd, 2015) High Court allows appeal from Circuit Court, and sets aside order for possession of four separately rated premises, on the grounds that the combined rateable valuation of the premises exceeded the jurisdictional limit of the Circuit Court.

– Conor O’Higgins BL

These reports are provided by Stare Decisis Hiberniastaredecisishibernia.com. The full text of each judgment is available on courts.ie.