Preliminary roadside breath test not necessary where opinion underlying arrest formed DPP v. Moran [2014] IEHC 341 (High Court, Kearns P, 4 July 2014) High Court, by way of consultative case stated from a District Court drink driving prosecution, finds that a preliminary roadside breath test was not necessary in order to justify an arrest in circumstances where the defendant's level of intoxication was immediately apparent to gardaí.
Ciarán Joyce BL
Addition of haulage trailer which exceeded licensed weight rendered licence void as insufficient duty paid
DPP v. Perennial Freight [2014]IEHC 323 (High Court, Kearns P, 27 June 2014)
High Court, by way of consultative case stated arising for licenced haulage involving tractors and trailers, finds that the removal of a trailer which was within the prescribed weight and the addition of a trailer which exceeded this weight constituted an alteration under the legislation, thereby rendering the haulage licence void and attracting a higher level of excise duty.
Ciarán Joyce BL
Shareholders in maritime company had no standing to defend proceedings following default on $54 million loan secured on vessel
Amsterdam Trade Bank NV v Owners of M.V. Clipper Faith [2014]IEHC 329 (High Court, Butler J, 4 June 2014)
High Court rules that shareholder in maritime holding company had no locus standi to defend judgment proceedings and strikes out memorandum of appearance filed on its behalf as obligator in joint and several liability with its subsidiary company in respect of $54 million loan secured on vessel, now in default.
Ian Fitzharris BL
Technical breach of solicitor’s undertaking resulted in no appreciable loss for bank
ACC Bank PLC v Barry [2014]IEHC 322 (High Court, McGovern J, 24 June 2014)
High Court, in an action against a solicitor for failing to abide by undertakings arising from loan facilities for the purchase of lands, rules that the stated breaches by the first-named defendant were technical in nature as they did not materially affect the plaintiff’s position but merely altered the underlying value of its security and did not result in the bank suffering any actionable nor appreciable loss.
Ian Fitzharris BL
Bankrupt not permitted to cross-examine Official Assignee
Re: Dunne, a Bankrupt [2014]IEHC 285 (High Court, McGovern J, 10 April 2014)
High Court refuses application to allow a bankrupt to cross-examine the Official Assignee in order to challenge the validity of a search warrant, on the grounds, inter alia, that: (a) the ownership of the property searched was not relevant to the warrant’s validity; (b) the High Court judge who issued the warrant was entitled to rely on hearsay evidence; and (c) the principal reason for the cross-examination was a “fishing expedition” to discover the source of the Official Assignee’s information.
Conor O’Higgins BL
Government department entitled to exclude applicants from internal competition
Gormley v Minister for Agriculture (no.2) [2014]IEHC 313 (High Court, Hogan J, 19 June 2014)
High Court refuses judicial review of a decision to exclude applicants from a competition for an internal vacancy advertised within a government department on ground that the decision was : a) adequately communicated; b) factually sustainable given the proven differences in the educational background required compared with that obtained by the applicants; and c) not arbitrary or unreasonable in any way.
Ian Fitzharris BL
Insurer ordered to pay costs having failed to investigate incident prior to instructing its legal team
Berney v South Dublin County Council [2014]IEHC 319 (High Court, Hedigan J, 5 June 2014)
High Court grants order for costs in favour of plaintiff and first named defendant against the insurer of the second and third named defendants, in successful action for negligence arising from an accident on a footpath, where significant alterations had been made to the footpath by the second and third named defendants without the prior knowledge of the first named defendant, and the insurer had come off record prior to the trial having failed to conduct a thorough investigation prior to instructing its solicitors.
Ian Fitzharris BL
Prisoner transferred from UK released due to erroneous warrant
Sweeney v. Governor of Loughan House Open Centre [2014]IESC 42 (Supreme Court, Clarke J (nem diss), 3 July 2014)
Supreme Court allows appeal from High Court, and: a) quashes warrant that gave effect to the transfer of a prisoner from the UK to Ireland, on the grounds that it incorrectly specified a 16-year term of imprisonment instead of an 8-year term with a further 8-year period to be served in the community under licence; and b) orders release of prisoner where he had already served a period of eight years in prison.
Ciarán Joyce BL
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