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Judicial review

The, Private, Public Servant

Our Financial Regulator is confident, and has asserted so in public, that he is not at fault in failing to properly regulate the Irish Banks in circumstances where they ultimately needed rescuing by the taxpayers. For his pains he has been told by (some) elected representatives he ought to resign. In fact, it is difficult to criticise him. That is not to say he is not open to criticism, just that it is difficult to do so, as was seen […]

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A Personal Fighting, Flying, Machine for every Citizen?

Ryanair is not popular. For this writer, it’s enough to remember traveling to Venice and being dropped in Treviso. It was the “arrangementâ€? for the return flight that left everything to be desired.

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Oops!

The Supreme Court held that this could only be read prospectively (into the future) and did not avail the State in its arguments. (The Supreme Court also found that the Act, as so read, was constitutional. It also found that the offence “assault occasioning actual bodily harm” was a common law offence.)

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Clean up your act!

In Wicklow County Council v. Fenton & Ors [2002] IEHC 102 (31 July 2002) the High Court likened the owner of an illegal dump to a receiver of stolen property. Without a receiver there can be no profit in theft; without an illegal dump there can be no illegal dumping. The court accepted the principle advanced by the applicant Council that it did not have to prove negligence; that the state of mind of the Respondents was not required to […]

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Corrib Gas case update

THE HIGH COURT Record No: 840P/2005 BETWEEN: SHELL E & P IRELAND LIMITED Plaintiff And PHILIP MCGRATH, JAMES PHILBIN, WILLIE CORDUFF, MONICA MULLER, BRID MCGARRY, PETER SWEETMAN Defendants And THE MINISTER FOR COMMUNICATIONS MARINE AND NATURAL RESOURCES, IRELAND AND THE ATTORNEY GENERAL Defendants to the counterclaim of second and fifth defendants Update (6th June 2008) 1. The High Court, on the application of the Defendants to the Counterclaim, has ordered the trial of a preliminary issue. 2. The issue will […]

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Public works contracts

SIAC was one of many persons who tendered for the provision of a new sewerage system for the town of Ballinrobe. Its tender, on price, was the lowest. Mayo county Council awarded the contract to the next highest tenderer. In the judgment of the County Council’s engineer, SIAC’s tender would, in due course, be discovered not to be the cheapest.

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Irish Judicial Review

Consequently, as subordinate legislation, and in the light of Article 15.2.1 of the Constitution of Ireland, Order 84 cannot be the source of a new exclusive procedure limiting the right to challenge administrative acts by plenary proceedings [such as under S. 155 of the Chancery (Ireland) Act 1867].

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Is this a Teacake I see before me?

That Teacake is a dagger in the heart of Judicial Review.

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