Law reports from Monday’s Irish Times:

Offences must correspond under European Arrest Warrant

MJELR v Laks (High Court, 14 January 2009, Peart J) [2009] IEHC 3

An application for the surrender of Polish man to serve a 10-month sentence in Poland under a European Arrest Warrant was refused on the basis that there was not sufficient correspondence between the offence and an offence under Irish law to meet the terms of the European Arrest Warrant Act, 2003 (also here).


Lay litigant loses challenges to District Court judges

Tracey v Malone (High Court, 20 January 2009, Cooke J) [2009] IEHC 14

A law litigant who sought a series of rulings against Judge Miriam Malone and Judge Bridget Reilly of the District Court failed in his application and received a declaration confirming his entitlement to retain a professional stenographer at his own expense.


Appeal court says determinate sentence preferable to life sentence

DPP v PS (Court of Criminal Appeal, 28 January 2009) Finnegan J (Budd and Irvine JJ concurring) [2009] IECCA 1

The applicant was entitled to credit for an early plea of guilty, co-operation with the Garda and the early and apparently genuine expression of remorse and this justified a lesser sentence than life imprisonment. However, account must be taken of his continuing danger to the public, meriting a significant period of post-release supervision.


In short: Technical directive seminar | Civil Partnership Bill discussed (ICCL) | Corruption study published | Renewable energy considered (IIEA) | Women lawyers child conference.

Law reports from today’s Irish Times:

Case against Motor Insurers Board can go ahead
O’Flynn v Buckley (Supreme Court, 22 January 2009) Kearns J (Denham and Hardiman JJ concurring) [2009] IESC 3

The Supreme Court upheld a High Court order dismissing an application from the Motor Insurers Board (MIB) seeking to have proceedings against it separated from proceedings against another plaintiff, both of which arose out of the same accident.


‘Parties embarked on marriage, not a property transaction’
B v F (High Court, 4 December 2008) Dunne J [2008] IEHC 393

In an appeal against a Circuit Court order that 80 per cent of the value of the family home be allocated to the wife in a judicial separation, and 20 per cent to the husband, the High Court ordered that the allocation be 60 per cent to the wife and 40 per cent to the husband.


Verbal statements not admissible
DPP v Breen (Court of Criminal Appeal, 16 December 2008) Fennelly J (Budd and Hanna JJ concurring) [2008] IECCA 136

Verbal statements allegedly made by the applicant while held on the ground by members of An Garda Síochána during an operation should not have been admitted in evidence. Therefore the applicants appeal against conviction for possession of a firearm was quashed. A retrial was not ordered.


In short: FLAC calls on Government and social partners to improve regulation of mortgage lenders | Women Lawyers discuss rights of child | Looking East [IIEA] | Advertising seminar | Finucane conference (pdf)


Also in the Irish Times: Crime statistics (editorial) | Coherent sentencing policy must be implemented – Cox

Law reports from today’s Irish Times:

Photos of sex offender may not be published
Callaghan v Independent News and Media Ltd: Northern Ireland High Court, Judgment was given by Mr Justice Stephens on January 7th, 2009 [2009] NIQB 1

An unpixelated photograph of sex murderer Kenneth Callaghan, from which he could be identified, cannot be published. Mr Callaghan has served 21 years of a life sentence and is due for supervised release, and Mr Justice Stephens ruled that the publication of such a photograph, by disrupting his supervision and support regime, would increase the risk to the public by increasing his risk of re-offending. He granted a separate order that no photograph of any prisoner in the Prisoner Assessment Unit of the Northern Ireland Prison Service could be published without 48 hours’ notice. Read the rest of this entry »

Law reports from today’s Irish Times:

O’Keeffe v Hickey [2008] IESC 72 Supreme Court, Judgments were delivered on December 19th, 2008 by Fennelly J (Murray CJ and Denham J concurring) and Hardiman J; Geoghegan J dissenting.

Fennelly J Minister not liable for abuse by principal:

There was no employment relationship between school principal Mr Hickey and the second-named defendant, the Minister for Education and Science. On normal principles, the State has no vicarious liability for the acts of a teacher appointed by the manager of a national school, and there is no legal basis for the imposition on the State of vicarious liability in this case.

Hardiman J Minister and State were distanced from management of the school:

… the Minister’s absence of direct control over the first-named defendant prevented a finding against him.

Geoghegan J (dissenting) Exemption from vicarious liability by State is not just and appeal should be allowed:

Applying “the general modern principles underlying vicarious liability”, he allowed the appeal.

In Short: Conference to mark life of Pat Finucane [html | pdf]; Carney lecture in Maynooth; Book on company insolvency; O’Brien -v- Piab solicitors

Law reports from today’s Irish Times:

Contract based on undermining planning code cannot be enforced
Kelly -v- Simpson: High Court. Judgment delivered by Mr Justice Charleton on December 1st, 2008

A contract based on a price that would not have been achieved but for representations designed to undermine the planning code should not be enforced. [see [2008] IEHC 374 (01 December 2008)].


Permission required for quarry development
Meath County Council -v- Sheils: High Court. Judgment delivered by Mr Justice Hedigan on November 13th, 2008

The intensification of quarrying at a quarry in Co Meath, including the use of blasting, constituted unauthorised development within the meaning of the Planning and Development Act, 2000 and the applicant, Meath County Council, was entitled to orders restraining the respondent from continuing, prohibiting any intensification of the work, and directing the removal of machinery from the site. [see [2008] IEHC 355 (13 November 2008)].


Personal Injuries Assessment Board must deal with solicitors
O’Brien -v- Personal Injuries Assessment Board: Supreme Court, Judgment delivered by Mrs Justice Denham on December 19th, 2008, Mr Justice Murray concurring.

If an applicant to the Personal Injuries Assessment Board (PIAB) wishes to have a legal representative, he or she is entitled to have one. However, PIAB is entitled to send the claimant copies of correspondence with the solicitor, in order to keep the claimant informed. [see [2008] IESC 71 (19 December 2008)].