Irish cases – Page 4

Photos of sex offender may not be published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. …

Vicarious libaility in the Supreme Court

19 January, 200919 January, 2009

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| Irish cases

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…

Contract, planning, PIAB

12 January, 200930 January, 2009

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| Contract, Irish cases

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.…

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Category: Irish cases

Privacy, refugees, children

Vicarious libaility in the Supreme Court

Contract, planning, PIAB