Amateur golfer fails in appeal against dismissal of case against golf club following long-running hearing Talbot v Hermitage Golf Club [2014]IESC 57 (Supreme Court, Charleton J, Denham CJ, 10 September 2014) Supreme Court dismisses appeal from High Court, and affirms dismissal of amateur golfer's claim of defamation and conspiracy against golf club, where: a) a communication alleging "handicap building" had been protected by qualified privilege; and b) no conspiracy had been proven. (The hearing and appeal had taken up 83 days of court time between them.)
James Cross BL
HSE liable for damage to property by troubled teenager Ennis -v- HSE [2014]IEHC 440 (High Court, Hogan J, 30 September 2014) High Court determines that the Health Service Executive (HSE) was liable for damages to a property owner, where a troubled teenager under the HSE's care had rented a neighbouring property and her companions had set fire to the plaintiff's property, on grounds that the HSE had been negligent in concluding that the teenager was suitable to independent living.
James Cross BL
Action for appropriation of goodwill of jewellery business dismissed on grounds of delay McCormack -v- Rouse [2014]IEHC 396 (High Court, Gilligan J, 27 February 2014) High Court grants order dismissing action against purchaser of property for allegedly appropriating the goodwill of the previous occupant (a jewellery business), on ground of inordinate and inexcusable delay, where: a) the deaths of two witnesses would cause prejudice to the defendant; b) the property had been purchased in 1998, the action commenced in 2001 and notice of trial had not been issued until 2013; and c) inadequate explanations had been given for the delay.
Conor O’Higgins BL
Imprisonment for indefinite term for failure to comply with order to vacate property Sherry -v- Gunning [2014]IEHC 411 (High Court, Hedigan J, 12 August 2014) High Court, on appeal from Circuit Court, dismisses fixed term of imprisonment for failure to comply with an order to vacate property, and affirms a previous High Court order committing the defendant to prison until such time as she complied with the order, subject to the review of the court.
Conor O’Higgins BL
Prosecution of young person on drugs charges prevented because of delay Donoghue v. DPP [2014]IESC 56 (Supreme Court, Dunne J, 30 July 2014) Supreme Court dismisses appeal from High Court, and affirms decision to restrain prosecution of a young person on drugs charges, where there had been a delay of over one year and four months between his arrest in 2010 (when he was 16) and charge, on grounds that the State had a special duty to a child or young person to ensure a speedy trial.
Ciaran Joyce BL Dismissal of appeals against High Court orders in complex probate proceedings In re O'Connell (deceased) [2014]IESC 55 (Supreme Court, Dunne J, 31 July 2014) Supreme Court dismisses appeals from High Court, and inter alia: a) affirms order setting aside caveat where the caveator had no interest in the deceased's estate, other than a claim against him for alleged professional negligence as a solicitor; b) affirms order setting aside a caveat in a related estate; c) affirms order granting an executor a limited grant of administration for the purposes of renewing a liquor licence and preserving the assets of the estate.
Ian Fitzharris BL
Refusal of "enhanced remission" for good behaviour by prisoner did not render continued detention unlawful McKevitt v Governor of Portlaoise Prison [2014]IEHC 442 (High Court, Barton J, 1 September 2014) High Court refuses to release prisoner who claimed unlawful detention, where the Minister for Justice had refused an application for enhanced remission for good behaviour, on grounds that the correct procedure for challenging such a decision by the Minister was by way of judicial review, and not a habeas corpus (article 40) challenge.
Ciaran Joyce BL
Husband ordered to give particulars of his property and income relating to shareholding in company S.Q -v- T.Q [2014]IEHC 389 (High Court, Keane J (David), 6 June 2014) High Court, in judicial separation proceedings, grants order that husband furnish particulars of his property and income relating to a company of which he was a majority shareholder, on grounds that: a) he had an obligation to provide full and frank disclosure of all material facts; b) this obligation went further than it would in the case of requests for discovery; and c) the information sought had been available to the husband's own accountants when carrying out his assessment of the value of the shareholding.
Conor O’Higgins BL
Decision granting permission for wind farm in Roscommon quashed Kelly -v- An Bord Pleanála [2014]IEHC 400 (High Court, Finlay Geoghegan J, 25 July 2014) High Court quashes decision to grant planning permission for a wind farm for failing to comply with the European Habitats Directive on the grounds, inter alia, that An Bord Pleanála failed to carry out an assessment which: (a) identified, in light of the best scientific knowledge, all aspects of the development which would affect various local protected habitats; and (b) contained complete and definitive findings capable of removing all reasonable scientific doubt that the development would adversely affect the integrity of the habitats.
Conor O’Higgins BL
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