Majority shareholders ordered to purchase petitioner's shares without discount In re Donegal Investment Group Plc [2015] IEHC 439 (High Court, McGovern J, May 21st, 2015) High Court, hearing a case in which the majority shareholders in a mushroom and compost business had admitted to unspecified acts of oppression, orders the compulsory purchase without discount of the petitioner's minority shareholding in same.
– Conor O’Higgins BL
Company that sold glass table was liable for injuries suffered by infant due to its collapse McGarry v McGarry [2015] IEHC 426 (High Court, Barton J, May 6th, 2015) High Court finds that a company was liable for the injuries suffered by an infant when a glass table collapsed, where the company had sold and assembled the table, on the grounds that, on the balance of probabilities, the collapse had been caused by the over-tightening of screws, which resulted in microscopic cracking.
– Conor O’Higgins BL
Essential proof missing for enforcement of UK confiscation order Minister for Justice v Devine [2015] IECA 182 (Court of Appeal, Mahon J, July 31st, 2015) Court of Appeal allows the appeal from High Court, and sets aside a confiscation co-operation order issued against a person convicted in the United Kingdom of fraudulent evasion of value added tax, on the grounds that the request for the enforcement in Ireland of the confiscation order was not accompanied with a statement by or on behalf of the court that made the order as required by legislation.
– James Cross BL
Delay of 16 months between alleged offence and court appearance of juvenile was not sufficient to warrant prohibition of trial O'Connor v DPP [2015] IEHC 556 (High Court, McDermott J, July 24th, 2015) High Court refuses judicial review of ruling by the District Court determining that it did not have jurisdiction to hear a preliminary argument in respect of delay in criminal proceedings involving a minor, on the grounds that: 1) the applicant had a remedy in judicial review regarding his delay point; and 2) the period of 16 months between the date of the alleged offence and the date upon which the applicant was first brought before the court did not disclose a culpable degree of delay sufficient to justify the granting of relief by way of prohibition had such an application been brought.
– Ciarán Joyce BL
Irish turf-cutting criminal offences were necessary for the proper implementation of EU directive O'Connor v DPP [2015]IEHC 558 (High Court, O'Malley J, August 25th, 2015) High Court refuses to restrain criminal trial on charges of cutting turf by machine in a Special Area of Conservation, an indictable offence created for the purpose of giving full effect to the relevant EU directive, finding: 1) the introduction of criminal sanctions, almost 20 years after the habitats directive came into being, could fairly be said to have been necessary for the proper implementation of that directive and 2) the regulations creating the offence were constitutional and the burden of proof to prove otherwise lay on the applicants, if they wished to argue that the regulations were ineffective, disproportionate or not dissuasive.
– Ciarán Joyce BL
Lending institution found to have misled borrower by non -disclosure of commission Untoy v GE Capital Woodchester Finance Ltd [2015]IEHC 557 (High Court, O'Malley J, August 25th, 2015) High Court, by way of case stated from the District Court, finds the District Court judge erred in determining that a lending institution was beyond reproach in not disclosing to a borrower that he was being charged commission on payment protection insurance that he had taken out for three loans, holding that the lending institution was in breach of relevant legislation by not adequately informing the borrower of all of the transaction details.
– Shane Kiely BL
Judge's charge on provocation in murder trial may have left jury confused DPP v Zhao [2015]IECA 189 (Court of Appeal, Birmingham J, June 26th, 2015) Court of Appeal allows appeal of murder conviction, and orders retrial concerning a Chinese national involved in altercation with man who refused to pay the full amount for a phone call in an internet café, on grounds the trial judge's charge was not as clear as it might have been and gave rise to a concern a jury might have been confused and might have believed that they had to consider whether the provocation to which the appellant was allegedly subjected prevented him from forming an intention to kill or cause serious injury.
– Ciarán Joyce BL
Civil action for assault of infant to be heard by judge and jury Bookey v The Links Creche Southside Ltd [2015]IEHC 562 (High Court, Hedigan J, August 7th, 2015) High Court refuses application by defendant to set aside notice of trial in civil proceedings alleging assault, battery and mistreatment occasioned to the infant plaintiff while attending the defendant's creche, and rules that the dominant claim was one of assault and not negligence, thereby preserving the plaintiff's statutory entitlement to a trial before a judge and jury.
– Ian Fitzharris BL
The full text of each of the above judgments is available on courts.ie. These reports were written and compiled by Stare Decisis Hibernia: StareDecisisHibernia.com