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DPP v JC: is a Get Out of Jail card a balanced remedy for an unintentional unlawful entry of a premises? | SCOIRLBLOG

https://scoirl.wordpress.com/2015/04/19/dpp-v-c-is-a-get-out-of-jail-card-a-balanced-remedy-for-an-unintentinal-unlawful-entry-of-a-premises

Blog on the Supreme Court of Ireland. DPP v JC: is a Get Out of Jail card a balanced remedy for an unintentional unlawful entry of a premises? On the morning of the 10. 2012] 2 IR 266). The Court accepted Damache’s argument on independent oversight and held that s 29 0f the 1939 Act was unconstitutional. The DPP appealed the Circuit Court decision under s 23 of the Criminal Procedure Act 2010. That allows an appeal where the DPP believes that a trial judge has erroneously excluded compelling evidence...

DPP v Colbert: Appellate court can interfere with trial judge’s sentence where the justice of the case demands | SCOIRLBLOG

https://scoirl.wordpress.com/2016/12/03/dpp-v-colbert-appellate-court-can-interfere-with-trial-judges-sentence-where-the-justice-of-the-case-demands

Blog on the Supreme Court of Ireland. DPP v Colbert: Appellate court can interfere with trial judge’s sentence where the justice of the case demands. As a general rule, an appellate court cannot consider events which occurred after a trial when reviewing a sentence and should not interfere with a sentence unless it is satisfied that the trial judge committed an error in principle. That general rule is “. 8221; O’Donnell J [21] ( here. In 2012, Colbert appealed against the sentence for the 2011 conviction...

Moore v DLR County Council: Tenant entitled to hearing before late grant of warrant for possession | SCOIRLBLOG

https://scoirl.wordpress.com/2017/01/01/moore-v-dlr-county-council-tenant-entitled-to-hearing-before-late-grant-of-warrant-for-possession

Blog on the Supreme Court of Ireland. Moore v DLR County Council: Tenant entitled to hearing before late grant of warrant for possession. The Supreme Court held that Order 47 rule 15 of the Rules of the District Court provides a tenant with the right to a hearing before the District Court can issue a warrant for possession on foot of an order for possession, where more than six months has elapsed since the making of the order. The District Court (Ejectment) Rules 1999 ( here. On appeal, Moore accepted th...

New Appeal: Can the High Court award costs against bankrupts outside of their bankruptcy estates? | SCOIRLBLOG

https://scoirl.wordpress.com/2016/12/04/new-appeal-can-the-high-court-award-costs-against-bankrupts-outside-of-their-bankruptcy-estates

Blog on the Supreme Court of Ireland. New Appeal: Can the High Court award costs against bankrupts outside of their bankruptcy estates? In this determination (. O’Donnell and Anor v Lehane. The Supreme Court granted the O’Donnells leave to appeal on the question whether:. The High Court and Court of Appeal erred in law and in fact in holding that they could award costs against the appellants outside their bankruptcy estates. December 4, 2016. Posted by scoirlblog on December 4, 2016. Top Posts and Pages.

ED (Education) v Refugee Appeals Tribunal: Complete denial of education is persecution, but … | SCOIRLBLOG

https://scoirl.wordpress.com/2016/12/27/ed-education-v-refugee-appeals-tribunal-complete-denial-of-education-is-persecution-but

Blog on the Supreme Court of Ireland. ED (Education) v Refugee Appeals Tribunal: Complete denial of education is persecution, but …. In this case, the Supreme Court held that “a complete denial of education” could constitute persecution for the purposes of s 2 of the Refugee Act 1996. However ( here. Clarke J, writing for the five justices, allowed the State’s appeal against the High Court judgment by Hogan J (. ED v The Refugee Appeals Tribunal. 2011] 3 IR 736. 3 on that basis, the trial judge was incor...