Judgments: Key cases in brief

 

Adverse credibility findings in asylum claim were arrived at without rational basis M.O.S.H. v. Refugee Appeals Tribunal [2015]IEHC 209 (High Court, Eagar J, 27 March 2015) High Court grants judicial review of the decision to refuse refugee status to a Pakistani national, on the grounds that a number of the adverse credibility findings made by the Refugee Appeals Tribunal did not have a rational basis, and as these findings were part of a wider set of credibility findings which had an accumulative effect in the decision, it was not possible to say whether they were major or minor credibility findings.

– James Cross BL

No justification for finding that Nigerian mother’s fears of persecution were not objectively well-founded D.O. v. Minister for Justice [2015]IEHC 211 (High Court, Eagar J, 27 March 2015) High Court grants judicial review of the decision to refuse refugee status to a Nigerian national and her son, where the Refugee Appeals Tribunal found that the mother’s claim to fear persecution was not well-founded, while her half-brother remained politically active in Nigeria, and the tribunal had required her to produce newspaper reports to justify each aspect of her claim.

– James Cross BL

Judgment granted to financial institution against husband in judicial separation proceedings H -v- H [2014]IEHC 673 (High Court, Abbott J, 19 December 2014) High Court, in judicial separation proceedings: a) grants judgment to bank as notice party in the sum of €1.8 million against the respondent husband, where he had abused the processes of the court through delay, causing destruction of assets and interest accumulation; and b) places a two-year stay on the judgment subject to conditions.

– Shane Kiely BL

Prison sentence in Northern Ireland did not amount to preventive detention Minister for Justice v. Ayton [2015]IEHC 212 (High Court, Eagar J, 10 March 2015) High Court orders surrender of man to Northern Ireland pursuant to European arrest warrant to serve balance of prison sentence for, inter alia, possession of stolen vehicle, dangerous driving and damage to property, where he had been released on licence but the licence had been revoked, finding that he had been unlawfully at large and that his sentence did not amount to preventive detention.

– Ciaran Joyce BL

Absence of procedure to appeal refusal of costs following acquittal of murder was not unconstitutional Kelly v. Minister for Justice [2015]IEHC 218 (High Court, Kearns P, 27 March 2015) High Court refuses to declare unconstitutional the absence of a procedure to appeal the refusal of costs to a person acquitted of murder, on the grounds that the impugned legislation did not provide for a situation whereby the acquitted man had unequal access to the courts as neither he nor the Director of Public Prosecutions could appeal an order refusing them costs.

– James Cross BL

Failings on the part of public health nurse contributed to plaintiff’s neurological damage following birth Kiernan (a minor) v. Health Service Executive [2015]IEHC 141 (High Court, Cross J, 4 March 2015) High Court, in medical negligence proceedings, determines that the defendant was liable for significant neurological damage caused to the plaintiff by a condition diagnosed as hydrocephalus, arising from and attributable to several failures on the part of a public health nurse to record and detail certain medical matters on two crucial check-up dates following the birth.

– Ian Fitzharris BL

Young adult suffering from a psychiatric disorder to be detained involuntarily Health Service Executive v. K.W. [2015]IEHC 215 (High Court, O’Hanlon J, 12 March 2015) High Court grants order detaining young woman in involuntary detention as psychiatric patient, having determined that she suffered from a mental health disorder and lacked capacity in terms of making material decisions regarding her medical treatment and therapy.

– Damian Byrne BL

Code of Conduct on Mortgage Arrears had no application to mortgage drawn down to purchase a residential investment property ACC Bank plc v. Quinn [2014]IEHC 677 (High Court, White J, 25 March 2014) High Court grants bank an order for possession of residential investment properties, being satisfied that the Central Bank’s Code of Conduct on Mortgage Arrears had no application as the fact the defendant decided to use one of the properties as his primary residence for periods of time, without any written notice to the plaintiff, did not entitle him to have the code applied.

– 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.