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January 18, 2022
Kildare County Council v Morrin [2021] IECA 341 (Court of Appeal (civil), Faherty J, 21 December 2021)
Court of Appeal dismisses appeal from High Court, and affirms dismissal of claim by local authority that there had been a public right of way over a plot of land acquired by way of compulsory purchase, on the grounds that: (a) although the wall containing the plot had been removed in 1974, and the plot had since 1991 been crossed by pedestrians and occasionally by traffic forced off the public road by parked cars, this did not amount to evidence that the defendant had dedicated the plot of land to public use; and (b) the trial judge had listened carefully to the evidence and had correctly applied the principles of law.
January 13, 2022
C.L. v Solicitors Disciplinary Tribunal [2021] IEHC 782 (High Court (Judicial Review), Barr J, 14 December 2021)
The High Court refuses judicial review of the decision of the Solicitor’s Disciplinary Tribunal to the effect that accountants were validly appointed to conduct an investigation of a solicitor’s accounts, on the grounds that: the decision was within the power of the Tribunal to make, and the Tribunal did not breach constitutional or natural justice in making the decision; the finding of the that the accountants were validly appointed was correct; the Tribunal was correct in holding that even if they had not been validly appointed, their evidence could still be admissible before it; there was no basis on which the Court could conclude that the respondent failed to afford the applicant fair procedures by failing to properly consider the arguments made by counsel on his behalf; and the level of reasoning offered was more than adequate.
January 10, 2022
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