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The 25 most cited cases in Irish superior court judgments (Nos 21 to 25)

By: Mark Tottenham BL

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Since 2011, Decisis has published reports of over 9,000 Irish superior court judgments. These are indexed by topic, and can be found by subscribers on Decisis.ie

In this series of articles, we highlight the 25 cases most cited in these judgments.

This week, Nos 21-25

No 21. Maguire v. Ardagh [2002] 1 I.R. 385; [2002] IESC 21

This was a judicial review brought by members of An Garda Siochána concerning a hearing by an Oireachtas subcommittee into the shooting of a young man. The court considered such issues as the extent to which findings of fact could be made by such a committee, and the representation required by those who appeared before it.

See the report of this case on Decisis.ie

No 22. Heaney v. Ireland [1994] 3 I.R. 593

(See also [1996] 1 I.R. 580)

This case was a challenge to the constitutionality of a provision of emergency legislation. Persons arrested under the legislation were required on questioning by the Gardaí to account for their movements at a particular time. The High Court and Supreme Court considered whether this infringed the right to silence of the accused person.

See the report of the High Court judgment on Decisis.ie , See the report of the Supreme Court judgment on Decisis.ie

No 23. R. O. v. Minister for Justice [2012] IEHC 573 - 40

The applicant in this judicial review had been refused refugee status on the grounds that her allegations of rape were not credible. The High Court had to determine in what circumstances findings of credibility by a tribunal could be challenged.

See the report of this case on Decisis.ie

No 24. State (McDonagh) v. Frawley [1978] IR 131

This case concerned a prisoner who complained that he had not received the medical treatment he needed. The court had to consider whether his continued detention in such circumstances was unlawful.

See the report of this case on Decisis.ie

No 25. Minister for Justice v. TE [2013] IEHC 323

This case concerned a European arrest warrant, where the respondent was suspected of an offence but no decision had been made whether to try her. The High Court had to consider whether detaining her pending such a decision would amount to preventative detention.

See the report of this case on Decisis.ie

 

 

Next week, Nos 16-20.

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