Judgments: Key cases in brief

 

Lies told by personal injuries plaintiff were not significant to his overall claim Looby v Fatalski [2014] IEHC 564 (High Court, Barr J, December 3rd, 2014) High Court makes award of €50,744 for personal injuries arising from road traffic accident resulting in serious back injury, where the plaintiff had told lies about his ability to cycle following the accident, but the lies were held not to be significant to the overall claim.

– Mark Tottenham BL

Suspension of substantial part of sentence in historical sexual abuse case held to be unduly lenient DPP v O’Brien [2015] IECA 1 (Court of Appeal, Ryan P, January 19th, 2015) Court of Appeal allows appeal of sentence by prosecution on grounds undue leniency, where it had been imposed in respect of historical sexual abuse and rape of a child between 1973 and 1982, finding that the sentencing judge had erred in principle in suspending nine years of the total sentence after allowing for excessive mitigation for the respondent’s medical condition.

– Ciaran Joyce BL

Employers failed to provide adequate mask to protect against inhalation of dust Lawlor v Carroll System Buildings (1970) Ltd [2014] IEHC 579 (High Court, Herbert J, November 27th, 2014) High Court grants award of €36,500 to employee who suffered respiratory illness as result of work with machine producing dust, where the employers had provided an ineffective mask.

– Mark Tottenham BL

Status of company changed to “in receivership” by Registrar of Companies when receiver appointed over property held in trust Independent Trustee Company Ltd v Registrar of Companies [2015] IEHC 12 (High Court, Hunt J, January 16th, 2015) High Court dismisses application for an injunction restraining the Registrar of Companies from altering the status of the applicant company as “normal”, where the company held legal title to properties held by more than 2,000 trust funds, one of which properties had been subject to a receivership application, resulting in the status of the company being changed to “in receivership”.

– Mark Tottenham BL

Plaintiff airline and defendant broadcaster both granted discovery in defamation proceedings Ryanair Ltd v Channel Four Television Corporation [2014] IEHC 630 (High Court, Peart J, December 12th, 2014) High Court, in a cross-application for discovery by both parties to defamation proceedings arising from comments made on a television programme in 2013 relating to the plaintiff airline’s emergency procedures and fuel policies, grants discovery but limits orders in time and specificity.

– Ian Fitzharris BL

Solicitor working for the State could be appointed as a notary public In re Alcock [2015] IESC 3 (Supreme Court, Denham CJ, January 23rd, 2015) Supreme Court grants order appointing applicant as a notary public, notwithstanding that he was working as a full-time solicitor in the office of the Chief State Solicitor, on the grounds that he was not a “public servant” and that he had made provisions to serve as a notary from a public office that was not his home address.

– Mark Tottenham BL

High Court refuses to dismiss third-party statement of claim against Central Bank Irish Bank Resolution Corporation Ltd v Purcell (2014) IEHC 525 (High Court, Cregan J, October 24th, 2014) High Court, in a claim by a bank against former directors of a building society, refuses to dismiss one director’s claim seeking indemnity and contribution from the Central Bank of Ireland, on the grounds that a statutory immunity from damages was not the same as an immunity from suit.

– Conor O’Higgins BL

Judge in defamation trial sought to re-charge jury after they had reached a decision Leech v Independent Newspapers (Ireland) Ltd [2014] IESC 78 (Supreme Court, Dunne J, December 19th, 2014) Supreme Court allows appeal from High Court and sets aside jury verdict dismissing a claim of defamation against newspaper, arising from article giving details of defamatory radio broadcast, on grounds that the judge had sought to re-charge the jury after they had indicated that they had reached a decision.

– Mark Tottenham BL

Kosovar family involved in a blood feud were members of a particular social group AVB v Refugee Appeals Tribunal [2015] IEHC 13 (High Court, Stewart J, January 14th, 2015) High Court grants judicial review of a decision to refuse refugee status to a Kosovar family, which claimed to fear persecution because the family was involved in a blood feud, on the grounds that the Refugee Appeals Tribunal had erred in determining that the persecution which the Kosovar family feared did not have a convention nexus and that the tribunal had erred in finding that the Kosovar family did not constitute members of a particular social group.

– James Cross BL

European law did not confer automatic rights of residence on the parents of EU citizen children MY v Minister for Justice [2015] IEHC 7 (High Court, Mac Eochaidh J, January 15th, 2015) High Court refuses judicial review of a decision to refuse an application for Irish passports for twin children of Pakistani parents, who challenged the Minister for Justice’s determination that they were not lawfully resident in the state for the requisite period, on the grounds that no provision of European law exempted third-country nationals from complying with the laws of member states as to residence and employment, and European law did not automatically confer automatic rights of residence on the parents of EU citizen children.

– James Cross BL

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