The Supreme Court has set aside one of its own judgments after it emerged that the brother of Chief Justice John Murray was a partner in a firm involved in the case. Mary Carolanand Paul Cullenreport.
The court set aside the judgment reached four years ago in a case brought against Trinity College Dublin over student accommodation designed by architects Murray Ó Laoire. Hugh Murray, a brother of the Chief Justice, is a partner in the firm.
The court based its decision on grounds of "objective bias", or the possibility that an observer might perceive bias, even though Hugh Murray, who is based in Limerick, was not in any way involved in the litigation.
It is highly unusual, though not unprecedented, for a court to set aside one of its own judgments, one legal expert said last night.
A spokesman for the Courts Service said the Chief Justice "couldn't and wouldn't" be commenting on the decision, in accordance with long-standing conventions.
"This happens in every common law jurisdiction when some new information comes to light," a court source claimed. "There's nothing unusual in such circumstances for a judgment to be vacated."
The decision was handed down in long-running proceedings taken by James Kenny, Temple Road, Dartry, against the college over the building of student residences at Dartry Hall. Mr Kenny objected to the development, which has since been built. Contacted last night, Mr Kenny declined to comment on the judgment.
In 2003, Trinity College applied to have Mr Kenny's proceedings struck out. The Supreme Court granted the application with the court's judgment being given by Mr Justice Murray.
However, last January, Mr Kenny applied to the court for an order vacating the order made in 2003. He said in an affidavit that he became aware last year that Mr Justice Murray's brother was a partner in Murray Ó Laoire, which designed the Trinity Hall development.
Murray Ó Laoire Architects, which was founded by Hugh Murray and Seán Ó Laoire in Limerick nearly 30 years, is Ireland's largest architectural practice, with offices in Dublin, Cork, Limerick, Moscow, Bratislava (Slovakia) and Aachen (Germany).
According to Mr Kenny, Murray Ó Laoire's name appeared "on virtually all the documents which were before the Supreme Court" in 2003 and its name appeared clearly on all the plans exhibited and lodged in both the High Court and the Supreme Court.
Trinity responded with two facts it said "indisputably" distanced Hugh Murray from the facts of the case.
It said the architect had no involvement with the Trinity Hall development. He was based in Limerick, not Dublin. Secondly, the architect's firm was not a party to the case, although a member of staff appeared as a witness in proceedings.
In its judgment delivered this week, Mr Justice Nial Fennelly said that the court must act with great care and circumspection to ensure respect for the principle that justice must not only be done but be seen to be done. It should err on the side of caution.