Judgments: key cases in brief

DPP did not have to give reasons for decision not to prosecute an alleged child pornographer

Marques vs DPP (2014) IEHC 443 (High Court, Edwards J, September 9th, 2014)

The High Court refuses a judicial review of a decision by the Director of Public Prosecution not to prosecute a man accused of facilitating child pornography distribution, who is subject to extradition proceedings, on the grounds that since no exceptional circumstances existed such as would render the decision not to prosecute him judicially reviewable, he could not make an arguable case that the DPP should state her reasons for that decision.

Ciarán Joyce BL

Prosecution delay of 23 years in trial of young person for serious assault

Cullen vs DPP (2014) IESC 59 (Supreme Court, Denham CJ, October 16th, 2014)

The Supreme Court dismisses an appeal from the High Court and affirms an order restraining the trial of the accused for serious assault of her father, on grounds that there was evidence of blameworthy prosecutorial delay and that there had been an undoubted breach of the “special duty” that exists on State authorities to expedite proceedings in relation to a child or young person, in this case where there had been a delay of over 23 years in charging the accused.

Ciarán Joyce BL

Bequest of land to grandson for site had not failed or lapsed

In re Mullen (deceased); Mullen jnr vs Mullen (2014) IEHC 407 (High Court, Cregan J, July 31st, 2014)

The High Court determines that a bequest of half an acre of land to the deceased’s grandson “to make up the site of his proposed new house should he require same” had not lapsed or failed, notwithstanding that the house in question had been completed, on grounds that the relevant part of the will had made it clear that this was the deceased’s intention and the general scheme of the will supported that conclusion.

Conor O’Higgins BL

Company directors not disqualified or restricted despite failure to make annual returns

In re Walfab Engineering Ltd; Director of Corporate Enforcement vs Walsh (2014) IEHC 365 (High Court, Barrett J, July 23rd, 2014)

The High Court refuses to order the disqualification or restriction of three directors of two related companies which had failed to make annual returns, on the grounds, inter alia, that: (a) two of the three were not professional directors and neither possessed any professional qualifications; (b) the third director was the wife of another and took no part in the operation of either company; (c) the failure to make returns occurred in the context of severe economic turbulence; and (d) none of the respondents had engaged in any other form of misbehaviour.

Conor O’Higgins BL

Education board had complied with department circular in transferring teacher to another school

McEneaney vs Cavan and Monaghan Education and Training Board (2014) IEHC 423 (High Court, Kearns P, September 19th, 2014)

The High Court refuses a judicial review of decisions taken by the education and training board to transfer a home economics teacher’s duties to a different school in a neighbouring county and to place her on administrative leave pending the resolution of several complaints concerning her teaching performance, as neither decision could be viewed as a penalty in circumstances where the board had attempted to apply as best it could the provisions of a departmental circular advising a process to resolve such complaints.

Ian Fitzharris BL

Application to insurance compensation fund disallowed following fatal injuries award

Guiney vs Accountant of the Courts of Justice (2014) IEHC 426 (High Court, Hogan J,

September 22nd, 2014)

The High Court refuses a judicial review of decision by the accountant of the courts of justice to refuse compensation under the Insurance Compensation Fund, where the applicant had been granted a fatal injuries award of €794,795 following the death of her husband in a construction accident in 2000, but where the employer and its UK insurer were no longer trading, on grounds that a 2011 amendment to the relevant legislation concerning obligations of foreign insurers to the compensation fund did not apply to pre-existing insurance policies.

Ian Fitzharris BL

Lengthy suspension of chief parachute instructor was prejudicial to his good name

McMahon vs Irish Aviation Authority (2014) IEHC 431 (High Court, Hogan J,

September 9th, 2014)

The High Court grants a judicial review of a decision by the Irish Aviation Authority to suspend the chief instructor to the Irish Parachute Club for over 12 months pending a full hearing of complaints on safety concerns, on grounds that the failure to convene a full hearing within a short period of time had considerable implications for the good name of the person affected.

Ian Fitzharris BL

Claim of alleged misdiagnosis of schizophrenia in the 1980s was statute-barred

Byrne vs Heffernan (2014) IEHC 424 (High Court, Kearns P,

September 19th, 2014)

The High Court dismisses a claim brought by a former inpatient at psychiatric hospital involving an alleged negligent misdiagnosis of schizophrenia in the 1980s, resulting in later physical and emotional abuse, where the plaintiff had first consulted a solicitor in relation to the matter in 2002 but did not issue proceedings until 2009, and was accordingly outside the relevant limitation period.

Ian Fitzharris BL

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