Judgments: Key cases in brief

Costs orders are affirmed in European Arrest Warrant cases. Minister for Justice v McPhilips IESC 47 (Supreme Court, Charleton J, Murray J, May 18th, 2015) Supreme Court dismisses appeals from the High Court and affirms orders for costs of legal proceedings to two persons who had successfully defended applications for surrender pursuant to European arrest warrants, on the grounds that the restricted right of appeal under the relevant legislation did not provide for appeals on costs.

– James Cross BL

The Code of Conduct for Mortgage Arrears did not have the status of legislation. ICS Building Society v Lambert IEHC 581 (High Court, O'Malley J, May 2nd, 2014) The High Court, on appeal from the Circuit Court, affirms an order for possession of mortgaged property, on grounds that a), the Code of Conduct for Mortgage Arrears did not have the status of legislation, but created an area of discretion as to how a claim for possession should be dealt with, and b), that the borrower was unable to show that the lender had been unreasonable in seeking a solution to his indebtedness and was therefore unable to mount a defence to the claim.

– Mark Tottenham BL

Conditions on planning per- mission for a mobile home were valid and appropriate. Ross v An Bord Pleanála IEHC 256 (High Court, Noonan J, April 23rd, 2015) The High Court refuses a judicial review of decision by An Bord Pleanála to grant conditional planning permission to the applicants permitting the retention of a replacement mobile home for use by the applicant and his family during the summer months where a), the applicant initially sought permission to retain use of the property in the manner actually granted, and b), the restriction on use matched the applicant's own historical use of the property and to remove either condition would render permission radically different to what was initially contemplated by the board.

– Ian Fitzharris BL

A former government minister fails in his challenge to findings in a report concerning An Garda Síochána Shatter v Guerin IEHC 301 (High Court, Noonan J, May 20th, 2015) The High Court refuses an application by a former minister for judicial review of conclusions and findings in a report commissioned from a senior counsel concerning certain allegations made by a former garda, on grounds that a), the report was in the nature of a preliminary view based on an examination of documents, b), it was not justiciable in that it had been commissioned for the purpose of establishing whether a "commission of investigation" should be set up, c), there was no want of natural justice or breach of fair procedures, d), the former minister had been a member of the government that commissioned the report and did not have standing to challenge it as a private citizen, e), the purpose of the judicial review application appeared to be part of a strategy towards a separate purpose which was not the purpose of judicial review and f), an incorrect allegation of bias had been made in the former minister's ex-parte application for leave, without properly having verified whether there were grounds for it.

– Mark Tottenham BL

A fully suspended sentence for a man found with concealed cannabis was unduly lenient. DPP v Bowen IECA 95 (Court of Appeal, Edwards J, May 1st, 2015) The Court of Appeal, on application by the DPP, grants a review of suspended sentence for a man who concealed drugs in timber, finding that while the trial judge was justified in promoting the objective of his continued rehabilitation by a partial suspension of the figure of four years, after making due allowance for mitigating factors, a completely suspended sentence was unduly lenient.

– Ciarán Joyce BL

The granting of planning permission to a State agency is upheld in respect of a turbine wind farm. People over Wind v An Bord Pleanála IEHC 271 (High Court, Haughton J, May 1st, 2015) The High Court refuses a judicial review of a decision by An Bord Pleanála to grant planning permission to a State agency in respect of a proposed 18-turbine wind-farm development, finding that the authority had ample evidence upon which to consider and determine the appropriate assessments and expert evidence which formed the basis of its decision to allow the appeal from an initial decision to refuse permission by the local county council.

– Ian Fitzharris BL

An autistic plaintiff is entitled to a jury trial in a claim against gardaí for unlawful arrest and false imprisonment. DF v Commissioner of An Garda Síochána IESC 44 (Supreme Court, Charleton J, May 15th, 2015) The Supreme Court allows appeals from the High Court, in a claim by an autistic individual for damages for unlawful arrest and detention and determines a), the case should be heard by a judge and a jury on grounds that the issues were based on law and fact, and b), the plaintiff was entitled to anonymity given that identifying him could cause undue stress.

– Ciarán Joyce BL

Shares in a family business were transferred to husband in divorce proceedings subject to conditions. EH v A IEHC 688 (High Court, White J, May 11th, 2015) In divorce proceedings, a wife's application that shares in a family business be transferred to her is refused, on the grounds that a), the husband had operated the business without her assistance for 17 years and had provided during in that time an excellent standard of living for the wife and children, but b), attaches conditions on the transfer of the shareholdingto the husband to ensure that the company could be sold or liquidated until the security that was required by him to discharge a tax bill was no longer required.

– Damian Byrne BL The full text of the judgements is available on courts.ie. These reports were written and compiled by Stare Decisis Hibernia:StareDecisisHibernia.com.