Couple ordered to repay borrowed money used for unauthorised purpose
Vanguard Auto Finance Ltd
v
Browne [
2014
] IEHC 465 (High Court, Barton J,
Oct 14th, 2014)
High Court, in a case of unjust enrichment, orders the restitution of €111,320 lent by a bank to a husband and wife for the purpose of fitting out houses on a golf course, on the basis, inter alia, that: (a) the couple were aware the money was advanced for a specific purpose but nevertheless put it toward a different use; and (b) the payment was made for consideration which had wholly failed.
Conor O’Higgins BL
Breach of learner permit conditions meant driver was driving without driving licence for purposes of road traffic conviction
DPP v
Spendlove [
2014
] IEHC 558 (High Court, McDermott J,
Nov 20th, 2014)
High Court, by way of consultative case stated: a) finds that the accused, by breaching the conditions of his learner permit (not being accompanied by a qualified driver, and non-display of “L” plates
), had rendered his licence to drive ineffective at the time of driving and left him liable to be convicted of driving without holding a driving licence; but b) finds he could not be convicted of driving without insurance or failure to produce insurance since he had a certificate of insurance which covered him on the date which was not made conditional in its terms on the accused complying with the terms of a learner permit licence. Ciaran Joyce BL
In camera rule lifted to allow disclosure of information to trustee in US bankruptcy
J.D.
v
S.D. [2013]IEHC 648 (High Court, Abbott J,
Dec 6th, 2013)
High Court grants order lifting the in camera rule, and orders a divorced couple involved in ongoing Irish matrimonial proceedings to disclose, subject to redaction, such documents, information and evidence as was required by the trustee in the ex-husband’s US bankruptcy and authorised by the US Court, on the ground that the information was required to see whether he had made avoidable transfers of property to his subsequent wife.
Conor O’Higgins BL
Mother precluded from bringing further proceedings in Ireland pending determination of issue of jurisdiction by US courts
D.F.
v E.M. [2014]IEHC 510 (High Court, Baker J,
Sept 9th, 2014)
High Court, in a dispute concerning the custody of children, grants an American father an order restraining their Irish mother from bringing any further proceedings in the Irish courts pending the determination by the Court of Rhode Island and Providence Plantations of whether it had and would assume jurisdiction to hear the issues relating to the custody, access and living arrangements of the children, on the grounds that the jurisdictional question had yet to crystallise and it was only after that matter had been determined that the court in Ireland properly knew whether there is a genuine and extant dispute between competing jurisdictions.
James Cross BL
Damages award for serious physical and psychological injuries after car accident
O’Riordan
v
Dempsey [
2014
]IEHC 523 (High Court, Cross J,
Nov 7th, 2014)
High Court awards damages of €1,140,000 to an apprentice plumber who was a passenger in a car accident in 2007, on the basis that: (a)
he suffered serious injuries to his nose requiring surgery; and (b) he had continued to suffer from severe psychological and psychiatric injuries, including depression, anorexia and suicidal ideation. Conor O'Higgins BL
Failure of challenge to arrangement allowing Northern Irish vessels to fish for mussel seed in Irish waters
Barlow v
Minister for Agriculture [2014]IEHC 471 (High Court, Birmingham J,
Oct 28th, 2014)
High Court refuses to declare that an arrangement whereby Northern Irish registered vessels fished for mussel seed in Irish waters was unconstitutional or unlawful, on grounds that there was no requirement for legislation to govern such an arrangement, and the courts were not entitled to supervise or interfere with the Government in the exercise of its executive functions unless it was in clear disregard of its powers.
Mark Tottenham BL
Refusal of judicial review of planning decision on discretionary grounds reversed
Ryan v Clare County Council [2014]IESC 67 (Supreme Court, MacMenamin J,
Nov 11th, 2014)
Supreme Court allows appeal from decision of High Court refusing declaratory and mandatory reliefs to appellants
who sought a 'deemed decision' of the grant of planning permission for a property development proposal in Lahinch, Co Clare in 2007, holding the lower Court was not entitled to refuse relief by reason of the fact that allowing the proposal to proceed without regard to a local area development plan would be an unlawful exercise of the Court's inherent discretion. Ian Fitzharris BL
Prisoner’s application for enhanced remission was refused on “impermissibly narrow” construction of rule
Ryan v
Minister for Justice [2014]IEHC 513 (High Court, O’Malley J,
Nov 4th, 2014)
High Court, by way of judicial review, quashes order refusing prisoner’s application for enhanced remission, on the basis that the prison authorities had adopted an “impermissibly narrow” construction of a prison rule governing remission.
Ciaran Joyce BL
Defences of self-defence and provocation should have been put to the jury
DPP v
O’Connor [
2014
] IECCA 39 (Court of Criminal Appeal, O’Donnell J,
Nov 24th, 2014)
Court of Criminal Appeal allows appeal,
quashes conviction for unlawful killing, finding there was sufficient evidence for the defence of self defence and provocation to go to the jury, on the grounds that the amount of force used was a matter of fact for a jury, albeit that the trial judge would have been entitled to make clear to the jury how limited that evidence was and the weight of contrary evidence. Ciaran Joyce BL