Recent superior court cases cover arbitration, criminal law, employment law, European Arrest Warrants, legal aid, personal injuries, practice and procedure, prisons, rights of way, statutory interpretation and more.
Recent cases published on the Courts website are listed below.
Arbitration
Jephson, Gerald and Pamela Jephson v Aviva Insurance Ireland DAC, in the matter of the Arbitration Act 2010
21/5/2024 No. 2017/5012 P [2024] IEHC 309
Arbitration - Insurance policy - Property located on clifftop - Portion of cliff collapsed - Property damage - Claim - Scope of policy - Claim denied - High Court proceedings - Property damage covered by policy - Breach of contract - Motion - Art. 8 of the UNCITRAL Model Law - Referral to arbitration - Stay - Undertaking to participate in arbitration - Plaintiff entitled to apply to lift the stay in the event of non-compliance with that undertaking - Delay - Order made lifting the stay
Criminal Law
People (DPP) v Doyle, James
1/2/2024 No. 107/2023 [2024] IECA 130
Criminal law - Sentencing - Offence of dangerous driving causing serious bodily harm - Motorcyclist - Pedestrian - Impact - Serious injuries sustained - Forensic report - Speed at point of impact - CCTV footage - Sentence imposed of three and a half years imprisonment - Appeal against severity of sentence - Whether headline sentence too high - Mitigation - Circuit Court sentence quashed and replaced with sentence of two and a half years imprisonment
Employment Law
Nowak, Agnieszka v Intesa Sanpaolo Life DAC, In the matter of the Unfair Dismissals Acts 1977 to 2007
9/5/2024 No. 2023/76 CA [2024] IEHC 262
Employment law - Employment - Termination - Unfair dismissal claim - Appeals process - Claim made prior to the commencement of the provisions of the Workplace Relations Act 2015 - Claim determined by reference to the Unfair Dismissals Act 1977 - Right of appeal - Appeal against a decision of the Circuit Court to dismiss the appeal as frivolous and vexatious - Procedural error - Jurisdictional error - Circuit Court order striking out the appeal set aside - Order made remitting the plaintiff's appeal against the decision of the Employment Appeals Tribunal to the Circuit Court for full hearing
European Arrest Warrant
Minister for Justice and Equality v Sharples, Richard, in the matter of the European Arrest Warrant Act, 2003 (as amended)
29/4/2024 No. 2023/168 EXT [2024] IEHC 282
European arrest warrant - Application for the surrender of the respondent to Scotland pursuant to a Trade and Co-operation Agreement Warrant - Firearms offence and assault offence - Service of sentence - Surrender initially refused - Respondent has history of autistic spectrum disorder/ Asperger’s - Respondent’s needs would not be met in the Scottish prison - Assurances sought that the respondent’s medical needs would be adequately met - Respondent objects to his surrender on several grounds - Objections dismissed - Order made for the surrender of the respondent to Scotland
Legal Aid
Prendergast, Christopher v Legal Aid Board
10/5/2024 No. 2023/943 JR [2024] IEHC 265
Legal aid - Judicial review - Previous proceedings - Family business - Fire - Compensation claim in the High Court pursuant to the Malicious Injuries Act 1981 - Application refused - Applicant contends High Court judgment was procured by fraud and perjury on part of an expert witness - Approach to Legal Aid Board seeking a legal aid certificate in respect of intended proceedings to set aside the High Court judgment - Counsel's opinion - Fraud - Threshold - Substantial legal obstacles - Legal aid certificate granted - Counsel unable to sign off on proposed proceedings - Withdrawal of legal aid certificate - Appeal to the Appeals Committee - Appeal refused - High Court challenge - Leave granted to set aside the decision of terminating the applicant’s legal aid certificate
Personal Injuries
James, Darren v Halliday, Michael
8/5/2024 No. 2019/3971 P [2024] IEHC 281
Personal injuries - Road traffic accident - Vehicle collision - Car and tractor - Fatality - Expert evidence - Speed limit - Driving conditions - Road surface and weather conditions - Liability - Defendant 75% responsible for the accident and the plaintiff guilty of 25% contributory negligence - Plaintiff suffered injuries - Damages claim - Special damages awarded in the sum of €2,582 - Submissions awaited on the loss of earnings claim before the court will finalise the terms of the judgment
Practice and Procedure
Shannon, John v Shannon, Elizabeth and Gwendoline Shannon
14/5/2024 No. 2018/E0013 [2024] IEHC 291
Practice and procedure - Will - Family farm - Ownership - Circuit Court - Possession proceedings - Respondent secured order for possession - Dispute - Appellants asserting they had acquired ownership by adverse possession - 30-year period of vexatious litigation - Isaac Wunder order - Assertions unsustainable - High Court dismissed the appeal and affirmed the order of the Circuit Court
Prisons
Egan, Caroline v Governor of Cloverhill Prison - UNAPPROVED
7/5/2024 No. 2022/753JR [2024] IECA 111
Prisons - High Court proceedings - Legal adviser - Clients - Prison visits - Prison rules - Rule 36(9) of the Prison Rules 2007 (as amended) - Scope - Interpretation - Regulation of visits - Behaviour of respondent - Complaints - Incorrect process followed when dealing with complaints - Respondent not afforded opportunity to be heard - Failure of respondent to engage with applicant - Restriction placed on next prison visit - Respondent challenged the validity of this decision in the High Court - Challenge successful - Appellant appealing the decision - Whether the appellant had acted in excess of jurisdiction - Appeal dismissed
Rights of Way
Barker, Robert and Patricia Barker v Shuttleworth, John
10/5/2024 No. 2022/04186 [2024] IECC 3
Rights of way - Adjoining properties - Easement - Vehicular access - Plaintiffs seek to prevent the defendant obstructing or preventing the plaintiffs using the right of way - Whether right of way pedestrian only - Whether plaintiffs entitled to use it as a vehicular access - Plaintiff usage preventing defendant from parking on his property - Court grants permanent orders preventing the defendant obstructing or preventing the plaintiffs using the Right of Way as a vehicular access to their property
Statutory Interpretation
McGuinness, Conor v DPP
27/5/2024 No. 2023/84 JR [2024] IEHC 317
Statutory interpretation - Road traffic - Drug driving - Checkpoint - Smell of cannabis detected - Gardaí formed the view that the applicant was under the influence of an intoxicant - Saliva test - Positive result - Blood sample - Arrest - S.4(1) of the 2010 Act - Evidence - Conviction - Whether s.4(1) included s.4(1A) - Judicial review - Garda had no power to require a blood sample - Circuit Court erred in finding that the requisite opinion had been established - Decision quashed - Submissions invited on the issue of remittal
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