Affidavit is admissible in commercial proceedings, even though place of business was described as "place of abode" Kearney v Bank of Scotland [2015]IECA 32 (Court of Appeal, Ireland – Court of Appeal, Kelly J, 23 February 2015) Court of Appeal admits affidavit in application for an extension of time to appeal against High Court order, notwithstanding that the depondent's place of business was described as his "place of abode", and that it contained hearsay, on grounds that it was admissible under the rules of court.
– Ciaran Joyce BL
Member of Travelling community failed to show that school admission policy amounted to indirect discrimination Stokes v Christian Brothers High School Clonmel [2015]IESC 13 (Supreme Court, Clarke J, Hardiman J, 24 February 2015) Supreme Court dismisses appeal from High Court of claim by mother that her child was indirectly discriminated against as a member of the Travelling community due to a school admission policy favouring the sons of past pupils, finding that she had not produced sufficient evidence to show that her son was "particularly disadvantaged" within the meaning of relevant legislation.
– Conor O’Higgins BL
Debtors had their "centre of main interest" in Ireland when bankruptcy proceedings commenced O'Donnell v Bank of Ireland [2015]IESC 14 (Supreme Court, Laffoy J, 25 February 2015) Supreme Court dismisses appeal from High Court, and affirms determination that two debtors had their "centre of main interest" in Ireland at the time a creditor initiated bankruptcy proceedings against them, on the grounds that they had extensive business interests conducted from Ireland and that any change was not readily ascertainable to their creditors.
– Mark Tottenham BL
Author of humorous political history was not entitled to tax exemption for work Coleman v Revenue Commissioners [2014]IEHC 662 (High Court, Donnelly J, 25 November 2014) High Court, in answer to a case stated from an Appeals Commissioner (on appeal from a finding of the Revenue Commissioners), determines that that the author of a humorous book about famous Irish political "gaffes" was not entitled to an artist's tax exemption, on the basis that, using the natural and ordinary meaning of the relevant legislation, it did not fall within one of the prescribed categories of nonfiction.
– Conor O'Higgins BL Failure to consider full extent of medical and psychiatric evidence submitted by DRC applicant for refugee status HK v Refugee Appeals Tribunal [2015]IEHC 65 (High Court, Faherty J, 5 February 2015) High Court grants judicial review of the decision to refuse refugee status to a national of the Democratic Republic of Congo, on the grounds that: 1) the Refugee Appeals Tribunal failed to consider the full extent of medical and psychiatric evidence, and in particular failed to advert to the physical manifestations of alleged ill-treatment referenced in the SPIRASI report; 2) the tribunal failed to expressly take account of the national applicant's explanation as to why he received medical care whilst detained; and 3) the tribunal failed to take into account relevant matters when finding that he did not give a coherent reason for not seeking asylum in other countries.
– James Cross BL
Leave to appeal granted on question of whether people who contravene China's one child policy are members of a specific social group LRC v Refugee Appeals Tribunal [2015]IEHC 87 (High Court, Barr J, 22 January 2015) High Court grants the Refugee Appeals Tribunal leave to appeal a decision to grant asylum to a Chinese couple who claimed to fear persecution in China on account of their having had more than one child in contravention of China's one child policy, and certifies questions concerning whether Chinese people who contravene the policy were members of a particular social group.
– James Cross BL
Solicitor had no bona fide defence to Revenue claims regarding income tax arrears Harrahill v Swaine [2015]IECA 36 (Court of Appeal, Irvine J, 13 February 2015) Court of Appeal allows appeal from decision of High Court to transfer summary claims for arrears of income taxes to full plenary hearing, on grounds that: 1) it was not possible to argue that an undertaking to discharge the audit liability and outstanding taxes from fees accruing from separate litigation was supported by any consideration; and 2) a promise to pay a sum or part of a sum which the debtor is already bound by law to pay cannot afford the consideration necessary to render enforceable an agreement regarding the repayment of that debt.
– Ciaran Joyce BL
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