September Update to Irish Civil Litigation - excessive intervention?

The September update is now live for our Irish Civil Litigation subscribers. Written by Andrew Clarke BL, this month considers the case of Bridget O’Reilly & Dinny O’Neill v Atlantic Troy Limited.

The matter concerned the quashing of a Circuit Court order by the High Court on the basis that it was unfair owing to the excessive intervention of the Circuit Court Judge. It was remitted to the Circuit Court for a fresh hearing before a different judge. This raised questions regarding alternative remedies, ie where both judicial review and a statutory appeal are open to a party subject to a decision and both remedies are pursued. Read on for the principles involved in the concept of objective bias.