Key cases in brief

The courts should be slow to interfere with Garda discretion as to when to apply handcuffs. DPP vs Pires IEHC 671 (High Court, Barrett J, July 9th, 2015) The High Court, in answer to a case stated, determines that the District Court was not correct in law to find the arrest of three drink-driving accused unlawful for the application of handcuffs by gardaí, on the grounds that the courts should be slow to interfere with operational decisions of individual gardaí as to whether handcuffing was appropriate.

Ciarán Joyce BL

The operation of Garda drink-driving checkpoints was lawful. DPP vs Gregory IEHC 706 (High Court, Barrett J, November 13th, 2015) The High Court, in answer to case stated from the District Court, determines that the operation of "drink driving" checkpoints by gardaí was lawful, on grounds that: 1) the establishment of multiple authorisations over a seven-day period at multiple locations in a particular area constituted a valid authorisation for check-points; and 2) the fact that a particular road within a particular town was more than one kilometre in length need not necessarily lead to the conclusion that such road could not properly be described as a "place".

Ciarán Joyce

A UK resident could not rely on the code of conduct for mortgage arrears. ACC Loan Management Ltd v. Cahalane IEHC 703 (High Court, Noonan J, November 13th, 2015) High Court grants summary judgment to a financial institution in the amount of €236,121.17 against a defendant who entered into a commercial loan agreement to purchase an investment property and later fell into arrears, on the grounds that she could not rely on the Code of Conduct for Mortgage Arrears as, being resident in the UK, the property was not her primary residence.

Shane Kiely BL

The Refugee Appeals Tribunal failed to consider allegation that an asylum seeker's mother was subjected to genital mutilation. CFA vs the Refugee Appeals Tribunal IEHC 702 (High Court, Faherty J, June 19th, 2015) The High Court grants a judicial review of a decision to refuse refugee status to a Nigerian girl, on the grounds that (1), the Refugee Appeals Tribunal erred in failing to consider the girl's mother's claim to have been subjected to female genital mutilation (FGM), or the country of origin information which documented the prevalence of FGM in certain parts of Nigeria; (2) the particular circumstances of the case required the tribunal to give consideration to the possibility of future persecution; and (3,the tribunal's internal relocation finding was unlawful.

James Cross BL

Partial discovery is granted to a plaintiff in defamation proceedings. Meegan vs Times Newspapers Ltd IEHC 696 (High Court, Barr J, November 6th, 2015) The High Court (a), refuses to order discovery of two categories of documentation in a defamation action, where the plaintiff claimed to have been identified in a newspaper article alleging wrongdoing by a member of the Garda, on the grounds that they were immaterial to the question of identification and whether the defendant newspaper intended to refer to the plaintiff; and (b), grants discovery of a third category concerning the manner of and motivation for publication, on the ground that the defendant had raised this as an issue by pleading the statutory defence of "fair and reasonable publication on a matter of public interest".

Conor O’Higgins BL

Contested claims relating to the ownership of properties are sent forward for plenary hearing. Jacob vs Walsh IEHC 710 (High Court, Murphy J, October 10th, 2015) The High Court: (a) dismisses an application for judgment in default of defence in an action claiming a vendor's lien and charge over properties where the purchase money remained unpaid; and (b) dismisses a defendant bank's application to strike out plaintiffs' claim against it, on grounds there was a clear conflict of statutory interpretation between the parties that necessitated a full hearing, and that the defendant had failed to establish that there was no cause of action.

Ian Fitzharris BL

A bank failed to take the necessary steps to activate a guarantee clause in a loan agreement. McGrath vs Danske Bank IEHC 712 (High Court, Murphy J, November 17th, 2015) The High Court determines that a bank could not rely on a guarantee clause in a bridging loan agreement for the purchase of development property, on the grounds that it was a "demand guarantee", which had been validly created, terminated and extinguished by the plaintiff borrower prior to the bank taking the necessary steps to activate its entitlement within the three-month period provided for under the loan agreement.

Ian Fitzharris

A demand that a plaintiff deliver a statement of claim did not prevent the operation of an arbitration clause. Go Code Ltd vs Capita Business Services Ltd IEHC 673 (High Court, McGovern J, October 27th, 2015) The High Court grants an order to stay proceedings pending arbitration, on the grounds that the defendant's demand that the plaintiff deliver a statement of claim, and a subsequent threat to bring a motion for dismissal for want of prosecution, did not amount to a representation by the defendant that it did not intend to rely on the relevant arbitration clause.

Conor O’Higgins

These reports are provided by Stare Decisis Hibernia StareDecisisHibernia.com. The full text of each judgment is available on courts.ie