Judgments: key cases in brief

Refugee Appeals Tribunal failed to address issues raised regarding internal relocation and State protection KHB v Refugee Appeals Tribunal [2015]IEHC 294 (High Court, Barr J, May 14th, 2015) High Court grants leave to judicially review the decision to refuse a Pakistani uncle and nephew refugee status on the grounds that the Refugee Appeals Tribunal failed: (1) to properly weigh or assess medical reports; (2) to address the points raised by the uncle and nephew as to why internal relocation was not available; (3) to address the points raised by the uncle and nephew as to why State protection was not available; and (4) to provide reasons as to why documentary evidence was being rejected.

– James Cross BL

Application to Personal Injuries Assessment Board was issued one day late Dignam v HSE [2015]IEHC 295 (High Court, McDermott J, May 11th, 2015) High Court, on appeal from Circuit Court, dismisses proceedings against hospital for plaintiff's distress at witnessing his late wife sitting on a chair in the accident and emergency department for three days, where the application to the Personal Injuries Assessment Board was issued one day outside the limitation period.

– Ian Fitzharris BL

Failure by lender to abide by moratorium in Code of Conduct on Mortgage Arrears affects entitlement to possession Irish Life and Permanent plc v Dunne [2015]IESC 46 (Supreme Court, Clarke J, May 15th, 2015) Supreme Court, by way of case stated from the High Court, determines: a) that the High Court, whilst hearing an appeal from the Circuit Court without oral evidence, had jurisdiction to state a case to the Supreme Court for consideration of legal issues; and b) where a breach of the regulatory Code of Conduct for Mortgage Arrears involved a lender's failure to abide by the so-called moratorium, non-compliance, as a matter of law, affected the lender's entitlement to obtain an order for possession of the borrower's primary residence.

– Ian Fitzharris BL

Appellant could amend notice of appeal in proceedings concerning alleged unpaid VAT Cussens v Brosnan (Inspector of Taxes) [2015]IESC 48 (Supreme Court, Laffoy J, May 20th, 2015) Supreme Court, in proceedings concerning alleged unpaid VAT, grants appellants leave to amend their notice of appeal where it had been found that the respondents had not furnished them with a relevant EU derogation, the appeal being based on the compatibility of an EU directive with Irish VAT legislation.

– Shane Kiely BL Landlord entitled to collect leasehold rents despite unexecuted deed of assurance at relevant time Camiveo Ltd v Dunnes Stores [2015]IESC 43 (Supreme Court, Clarke J, May 15th, 2015) Supreme Court dismisses appeal from High Court and affirms judgment against a commercial tenant for arrears of rent and service charges in respect of units in shopping centres, where the deed of assurance conveying the landlord's interest had not been executed by the plaintiff, on grounds that the landlord had an inchoate right to the monies that was incapable of being defeated.

– Ian Fitzharris BL

Appointment of examiner refused where bulk of employees are employed on temporary basis In re Step One Permanent Solutions Ltd [2015]IEHC 284 (High Court, Baker J, May 6th, 2015) High Court dismisses petition for examinership of insolvent recruitment company with significant tax debts, on grounds that: a) most company employees were employed on a temporary basis and did not need the protection of examinership; and b) there had been a failure to disclose to Revenue officials a commercial relationship with a former company now in voluntary liquidation.

– Ian Fitzharris BL

Suspended sentences for impoverished Vietnamese nationals found cultivating cannabis DPP v Nguyen [2014]IECA 55 (Court of Appeal, Sheehan J, December 4th, 2014) Court of Appeal allows appeal of six-year sentence (with two years suspended) imposed by Circuit Court on Vietnamese nationals who pleaded guilty to cultivating cannabis, finding that in light of the impoverished circumstances of both appellants at the time the offences were committed, a sentence of three years' imprisonment was appropriate, to be suspended in its entirety.

– Ciaran Joyce BL

Fractured nose could not reasonably be classified as a minor injury Costigan v Minister for Justice [2015]IEHC 299 (High Court, Hedigan J, May 13th, 2015) High Court grants judicial review of decision by the Minister for Justice refusing authorisation for compensation to a garda who had suffered a fractured nose when he was headbutted by a prisoner in a patrol car, on the grounds that the injury had required two surgical procedures and two days in hospital and therefore could not reasonably be classified as "minor".

– James Cross BL

The full text of the judgments is available oncourts.ie. These reports were written and compiled by Stare Decisis Hibernia: StareDecisisHibernia.com