Judgments: key cases in brief

 

Courts could not direct the level of services provided within prison system Clarke v. Health Service Executive [2014]IEHC 419 (High Court, Birmingham J, 4 September 2014) High Court refuses judicial review of detention of prisoner with psychological issues and failure to provide alternative residential facilities, on grounds that it was not the function of the courts to give directions as to the level of services to be provided within the prison system.

Ciaran Joyce BL

Warehouse worker awarded €45,000 for injuries suffered at work Harding v. Henry Denny & Sons (Ireland) Ltd [2014]IEHC 359 (High Court, Ryan J, 17 July 2014) High Court assesses damages for injuries to neck and back suffered by warehouse night loader at €45,000 but also finds, inter alia, that he exaggerated his pain and should have returned to work when certified as fit to do so.

Conor O’Higgins BL

Surrender of suspect to Romania refused where there was real risk that flagrant denial of justice took place Minister for Justice v. Rostas [2014]EHC 391 (High Court, Edwards J, 1 July 2014) High Court refuses order to surrender woman to Romania pursuant to a European arrest warrant to serve the balance of a prison sentence for a robbery 17 years previously, on the basis that to do so would be incompatible with the State’s obligations under the European Convention on Human Rights, where there were substantial grounds for believing that she had suffered a flagrant denial of justice with respect to her trial in Romania.

Ciaran Joyce BL

Challenge to State acquisition of bank holding company referred to Court of Justice for preliminary ruling Dowling v. Minister for Finance [2014]IEHC 418 (High Court, O’Malley J, 15 August 2014) High Court, in an application to set aside an earlier High Court order enabling the Minister for Finance to acquire a bank holding company (Irish Life and Permanent Group Holdings plc), thereby removing control from its shareholders, refers to the Court of Justice of the European Union the question of whether the acquisition was in accordance with EU company law directive.

Damian Byrne BL Damages for distress falling short of psychiatric injury not recoverable in negligence action Walter v. Crossan [2014]IEHC 377 (High Court, Hogan J, 24 July 2014) High Court grants order to strike out action against solicitors for alleged negligence in the sale of property, on the grounds that the injuries suffered by the plaintiff purchasers, being damages for distress, upset and inconvenience falling short of psychiatric injury, were not recoverable in an action for negligence.

Conor O’Higgins BL

Former nursing student who accepted a degree could not appeal refusal to re-take course Fogarty v. Trinity College Dublin [2014]IEHC 417 (High Court, O’Malley J, 26 August 2014) High Court refuses judicial review of decision by university appeal committee to refuse to hear appeal over refusal to allow former nursing student to re-take final-year course, where she had accepted a BA degree in lieu of a BSc degree, and had been ruled no longer to be a student of the college for the purposes of the appeal.

Mark Tottenham BL

Borrower restrained from collecting rents where properties in receivership Charleton v. Scriven [2014]IEHC 415 (High Court, Keane J, 22 August 2014) High Court grants orders requiring borrower to deliver up physical possession of premises to receivers and restraining him from interfering with the receivership, where he had continued to collect rents from occupiers and denied the validity of the receivers’ appointment.

Mark Tottenham BL

Disciplinary proceedings against post office manager to continue despite pending criminal trial Rogers v. An Post [2014]IEHC 412 (High Court, Keane J (David), 25 July 2014) High Court refuses injunction to restrain disciplinary process concerning post office manager, pending the outcome of a criminal trial for interfering with an item of registered post, on grounds that the grant of an interlocutory order would effectively determine the civil proceedings in favour of the plaintiff.

Mark Tottenham BL

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