Judgments: Key cases in brief

Application to review fine imposed on company for health and safety offence was statute barred DPP v Patrick Monaghan (Drogheda) Ltd [2014]IECA 52 (Court of Appeal, Sheehan J, 17 November 2014) Court of Appeal dismisses application by Director of Public Prosecutions for review of a fine imposed on a stevedore company for health and safety offence following the death of a child, finding that the appeal was statute barred since the service of the notice of application for review did not comply with the relevant legislation.

- Ciaran Joyce BL

Six-year sentence imposed for violent rape was 'seriously inadequate' DPP v Farrell [2014]IECA 51 (Court of Appeal, Birmingham J, 17 December 2014) Court of Appeal grants application by Director of Public Prosecutions for review of sentences amounting to six years for violent rape offences, and increases the term of imprisonment to 12 years, finding the sentence imposed was seriously inadequate. - Ciaran Joyce BL

Decision of Employment Appeals Tribunal regarding retirement age was not based on any error of law O'Mahony v. McCarthy [2014]IEHC 682 (High Court, White J, 14 October 2014) High Court dismisses appeal from the Employment Appeals Tribunal, where the EAT had determined there was no agreement that an employee would retire on her 66th birthday, on the grounds that the court was not concerned with the merits of the decision itself, and that the tribunal decision was not based on any error of law.

- Shane Kiely BL

No general charitable intention discernible in deceased's will In re Jordan's estate; Carolan v. Jordan [2014]IEHC 678 (High Court, White J, 6 March 2015) High Court refuses application to apply the doctrine of "cy-pres" in relation to a gift of the residue of an estate to a named fund, where there was no such fund in existence, on grounds that there was no general charitable intention in the will, and orders that the residue be distributed in accordance with the usual statutory provisions. - James Cross BL

An Garda Siochana not prejudiced by delay in proceedings alleging harassment and intimidation Costello v. Commissioner of an Garda Siochana [2015]IEHC 681 (High Court, White J, 14 October 2014) High Court, in proceedings issued in 2006 against an Garda Siochana alleging, inter alia, harassment and intimidation by some of its members: (1) refuses the defendant's motion to dismiss the proceedings, on the grounds that although the delay was inordinate and at times inexcusable, the Garda would not be prejudiced in defending the claim; (2) vacates a High Court order restraining the Garda from entering the plaintiff's dwelling house, on the grounds that it had granted on the understanding that there would be an expeditious hearing, but the proceedings had not been progressed. - James Cross BL

Further and better discovery ordered in case involving complex electronic discovery O'Leary v. Volkswagen Group Ireland Limited [2015]IESC 35 (Supreme Court, Laffoy J, 28 April 2015) Supreme Court allows appeal from High Court in part, and: a) directs defendant supplier of motor vehicle distribution contracts to make further and better discovery of certain classes of documents relating to, inter alia, the defendant's treatment of a prior tender award; but b) upholds the trial judge's decision on a claim of privilege by the defendant, following a detailed examination of the emerging area of the electronic processing of large volumes of discoverable documentation in substantive proceedings surrounding the termination of distribution contracts between the parties. - Ian Fitzharris BL

Failure of Taxing Master to give reasons for decisions on costs infringed right to fair procedures DMPT v. Taxing Master Moran [2015]IESC 36 (Supreme Court, Laffoy J, 29 April 2015) Supreme Court allows appeal from High Court, and grants judicial review of a decision of the Taxing Master in relation to legal costs in matrimonial proceedings, finding that he had not given adequate reasons for which costs he was allowing and disallowing, thereby infringing the right of the parties to the taxation process to fair procedures and constitutional justice.

- Shane Kiely BL

Defence in sexual assault case not entitled to disclosure of counselling notes of some of the victims Director of Public Prosecutions v. P.B. [2015]IECA 81 (Court of Appeal, Sheehan J, 20 April 2015) Court of Appeal dismisses appeal by schoolteacher from convictions in Circuit Court of indecent and sexual assault, finding that: 1) the trial judge was correct not to order the disclosure of counselling notes made by some of the complainants; 2) the trial judge exercised his discretion properly in not transferring the trial to Dublin due to the large number of complainants and witnesses in the County Clare area; 3) the counts on the indictment were sufficiently particularised; 4) the judge's charge was adequate and satisfactory. - Ciaran Joyce BL

Asylum seekers not entitled to work in the State pending determination of their claims N.H.V. v. Minister for Justice [2015]IEHC 246 (High Court, McDermott J, 17 April 2015) High Court refuses judicial review of decision by Minister to refuse temporary permission to work to a Burmese national and a Cameroonian national who were asylum seekers, on the grounds that: (1) the Minister did not have discretion to allow them to work; (2) the applicants did not have a Constitutional right to work or earn a livelihood; (3) the statutory provision granting leave to enter the State was not in breach of European law; and (4) the right to private life did not encompass a derived right to work or earn a livelihood by an asylum seeker who has been granted leave to enter and remain in the State on the condition that he/she will not seek or enter employment.

- James Cross BL

Full text of judgements can be found on courts.ie. Reports are provided by Stare Decisis Hibernia: staredecisishibernia.com.