Judgments: key cases in brief

 

Clare-based engineer had standing to challenge administrative policy of Laois County Council. Duffy v Laois County Council [2014]IEHC 469 (High Court, Hogan J, 29 October 2014). High Court, by way of preliminary issue, determines: a) that the applicant, an engineer based in Co Clare, had the requisite standing to bring proceedings against Laois County Council’s policy of charging a fee to prospective residents for the provision of on-site wastewater disposal systems analysis by qualified engineers, on the grounds that he had both the relevant qualifications and an economic interest in providing the service; and b) that the application was not out of time, as the council’s policy was a general one with a daily accrual of time.

Ian Fitzharris 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, 28 October 2014).

Mark Tottenham BL

Father involved in child custody case received a fair hearing. A.B. -v- C.D. [2014]IEHC 450 (High Court, Keane J, 8 October 2014).

Conor O’Higgins BL

Sentence of life imprisonment for attempted murder was lawful despite significant mitigating factors. DPP v. Daniels [2014]IESC 64 (Supreme Court, Dunne J, 4 November 2014).

Ciaran Joyce BL

Applicant for asylum found not to be at risk of female genital mutilation where her mother was opposed to the procedure. A.M. v. Levey [2014]IEHC 501 (High Court, Barr J, 1 October 2014).

Refugee Appeals TribunalSierra Leone

James Cross BL

Sexual orientation of applicant for asylum was central to his claim. C.C. v. Refugee Appeals Tribunal [2014]IEHC 491 (High Court, McDermott J, 28 October 2014).

James Cross BL

Authorisation from Personal Injuries Assessment Board was not validly served when sent by “DX tracked mail”. Power v. Personal Injuries Assessment Board [2014]IEHC 480 (High Court, O’Malley J, 24 October 2014).

Mark Tottenham 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, 6 December 2013).

Conor O’Higgins BL

The full text of each judgment can be found on: courts.ie. These reports are provided by Stare Decisis Hibernia: staredecisishibernia.com