Judgments: Key cases in brief

Surrendering a woman accused of a minor theft to Latvia would be disproportionate Minister for Justice vs OC IEHC 161 (High Court, Edwards J, February 20th, 2015) The High Court refuses to order to surrender woman to Latvia under a European arrest warrant on minor charges involving the theft of coffee, finding that the risk of causing further damage to her children would be so great that it would outweigh the medium-level public interest in the respondent's rendition.

– Ciarán Joyce BL

A committal warrant failed to record that prisoners were entitled to purge their contempt of court O'Neill vs Wheatfield prison go- vernor, IEHC 168 (High Court, Kearns P, March 12th, 2015) The High Court orders the release of jailed "water rates protesters" who had been committed to prison for 56 days for contempt of court, on the grounds that the committal warrant had failed to record that they were entitled to purge their contempt.

– Ciarán Joyce BL

A claim against an insurer had already been adjudicated on by the Financial Services Ombudsman Crowley vs Zurich Life Assurance Plc IEHC 197 (High Court, Hogan J, March 4th, 2015) The High Court grants an order striking out an action against insurer for breach of contract, on the grounds that it was bound to fail having regard to the fact that an unappealed decision of the Financial Services Ombudsman concerning the same facts created a res judicata, which was fatal to the plaintiff's claim.

– Damian Byrne BL

The Refugee Appeals Tribunal did not exercise extreme care in determining a papers-only appeal SK vs Refugee Appeals Tribunal IEHC 176 (High Court, Faherty J, March 6th, 2015) The High Court grants a judicial review of the decision to refuse refugee status to a Pakistani mother and child, on the grounds that the Refugee Appeals Tribunal did not afford them the "extreme care" required in a papers-only appeal and failed to further involve the mother prior to making its decision to refuse refugee status.

– James Cross BL

A stay is granted on the execution of a summary judgment so that defendant could pursue a counterclaim Stapleford Finance vs Courtney IEHC 668 (High Court, Barton J, October 14th, 2014) The High Court a), grants liberty to enter a final judgment against a borrower in the sum of €123,709.59; but b), grants a stay on execution of the judgment on certain conditions relating to the prosecution of a counter claim or such other proceedings as the defendant might decide to pursue.

– Shane Kiely BL

The High Court refuses a certificate of leave to appeal its own decision concerning planning matters Ógalas Ltd vs An Bord Pleanála IEHC 205 (High Court, Baker J, March 20th, 2015) The High Court refuses a certificate of leave to appeal to the Court of Appeal the refusal of judicial review of a decision by An Bord Pleanála concerning the use of a store in a retail park, on the grounds that the functions of the board and its inspectors were clear and the decision did not give rise to any legal uncertainty.

– Ian Fitzharris BL

An original order was clear in its meaning and did not need to be amended Danske Bank & Anor vs Meagher & Ors IEHC 130 (High Court, Moriarty J, February 10th, 2015) The High Court refuses an application to amend a previous order of the court which attached a sum, previously awarded to the first respondent in a separate action, to the greater sum awarded against him by way of summary judgment in the instant proceedings, on the grounds that the original order was clear in its meaning.

– Conor O’Higgins BL

A claim of trademark misuse disclosed no reasonable cause of action against a bank Ryan vs KBC Bank Ireland Plc IEHC 194 (High Court, Donnelly J, January 12th, 2015) The High Court grants an order striking out the plaintiff's claim against a bank alleging misuse of a trademark, where the bank had appointed a receiver over his hotel but continued to trade under the original name, on the grounds that it disclosed no reasonable cause of action, was an abuse of the process of the court and was statute barred.

– Damian Byrne BL

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