Judgments: Key cases in brief

Company director had no defence claim by NAMA company for €77 million National Asset Loan Management Ltd -v- Crosbie [2014] IEHC 342 (High Court, Keane J, 18 June 2014) High Court grants summary judgment against a company director in the sum of €

77,095,090.59, together with interest and costs, on the grounds that he had failed to establish that he had a fair or reasonable probability of having a real or bona fide defence.

Damian Byrne BL

Injunction to restrain dismissal of director from US-based technology start-up refused

Hughes v Mongodb Limited [2014] IEHC 335 (High Court, Keane J (David), 6 June 2014)

High Court refuses application for an injunction to restrain the dismissal of a technical director of California-based start-up company, on the grounds that the plaintiff had failed to satisfy the court that he had a strong case that was likely to succeed at the trial of the action.

Ian Fitzharris BL

Lites Pendentes vacated where action not being prosecuted in bona fide manner

Tola Capital Management LLC -v- Linders [2014] IEHC 324 (High Court, Cregan J, 26 June 2014)

High Court vacates two lites pendentes registered against development properties, on the grounds that the plaintiff company lacked sufficient interest in the properties to have a

lis pendens

(litigation pending) registered and the action was not being prosecuted in a bona fide manner.

James Cross BL

Minister not required to consult with charity when deciding to discontinue funding

Rehab Group -v- Minister for Justice & Equality [2014] IEHC 312 (High Court, O’Malley J, 5 June 2014)

High Court refuses judicial review of a decision by the Minister for Justice to discontinue a “Charitable Lotteries Fund”, on grounds that the Minister had not been obliged to give a charity the opportunity to make representations as it was a policy decision which affected an entire class of charities and, in the particular circumstances, the rules of natural justice did not apply.

Conor O’Higgins BL

Digital Rights Ireland joined as amicus curiae to data protection case referred to Court of Justice

Schrems -v- Data Protection Commissioner (No.2) [2014] IEHC 351 (High Court, Hogan J, 16

July 2014)

High Court: a) grants order joining Digital Rights Ireland (“DRI”) as

amicus curiae

(friend of the court) to proceedings which concern the nature and adequacy of data protection laws and which had been referred to the Court of Justice, on the grounds that DRI could articulate its own distinctive view which might assist the Court in respect of the difficult and troubling questions which are the subject of the reference; but b) refuses to add additional questions to the reference, as the proposed questions would radically alter the nature and scope of the existing proceedings and would require the joinder of the Attorney General, thereby involving further additional costs and delay.

Damian Byrne BL

Programme director of travel company was an independent contractor and not an employee

Murphy -v- Grand Circle Travel [2014] IEHC 337 (High Court, Moriarty J, 22 May 2014)

High Court, on appeal from Circuit Court and the

Employment Appeals Tribunal

, refuses claim for unfair dismissal by programme director of travel company, on grounds that she was an independent contractor and not an employee.

James Cross BL

Interim award of €

750,000 over three years for former HSE carer who suffered devastating injuries Lennon -v- Health Service Executive [2014] IEHC 336 (High Court, Irvine J, 18 June 2014) High Court grants interim award of €

750,000 over three years to satisfy care requirement of plaintiff who had suffered devastating injuries when an intracranial abscess ruptured into her ventricular system.

James Cross BL

Refusal to grant remission to prisoner was unconstitutional

High Court, by way of constitutional inquiry, releases prisoner where his continued detention was not in accordance with law, finding that, since he engaged fully with authorised in-prison activities, a denial of a one-third remission of his sentence by the Minister for Justice was unconstitutional as it was based on a deficiency of appropriate information.

Ciaran Joyce BL

The full text of each judgment is on courts.ie. Reports provided by Stare Decisis Hibernia; staredecisishibernia.com