2014 Review: January

F.X. v Clinical Director of the Central Mental Hospital [2014] IESC 01

The High Court can only inquire into the lawfulness of a detention ordered by the Central Criminal Court where there is a default of fundamental requirements such that it can be said that the detention is wanting in the due process of law.

There is no constitutional provision to place a stay on an Article 40.4.2 order for release. The courts may stay an order only for the purpose of controlling the release in order to protect an individual who is incapable of protecting themselves.

DPP v Foley [2014] IESC 2

The Court of Criminal Appeal is created by statute and has statutory jurisdiction to quash the sentence of a trial court and impose a new sentence. Therefore, where the CCA imposes a sentence, which is all or part suspended, it is the correct court to determine if the suspension should be revoked–not the trial court.

Molloy v Reid [2014] IESC 4

In any claim for a personal injury, proceedings must be commenced within the two year limitation period. Since the introduction of the Personal Injuries Assessment Board Act 2003 (2003 Act), a claimant cannot bring proceedings unless their claim has been through the Personal Injuries Assessment Board (PIAB) system and the PIAB has authorised the claimant to take court proceedings.  Section 50 of the 2003 Act sets out that the period from a claimant applying to the PIAB to six months after “the date of issue of an
authorisation” by the PIAB is disregarded when calculating the the period of limitation.  The date of issue of an authorisation to take proceedings is the date at which the claimant receives the posted authorisation–not the date it was posted.

Whelan v AIB [2014] IESC 3

“[T]he law has consistently and correctly held that an advisor such as a solicitor will owe a duty of care when giving advice to a client on an area within his or her area of expertise and where the request for the advice, and provision of it, is neither in casual circumstances nor entirely separate from the business then being transacted. It is not necessary that a client make very clear that the advice is critical to any decision which he or she might make, or that it be the sole or decisive factor [67].”

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