Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Supreme Court affirms order dismissing the appellant's action against the State for breaching his property rights as a result of a property adjustment order, on the grounds that, as the Constitution requires that proper provision be made for spouses in matrimonial proceedings, the claim is bound to fail.
Clarke J (nem diss): appeal of decision of High Court - High Court dismissed appellant's claim against State for loss arising from property adjustment order - whether appellant's case is bound to fail - property adjustment order previously made by High Court in separate matrimonial proceedings - Article 41.3.2 - Family Law (Divorce) Act, 1996 ("the 1996 Act") - proper provision - whether property adjustment order is expropriation of property without consideration - separation of powers - Articles 15 & 34 of Constitution - s.20 of the 1996 Act - whether Oireachtas has interfered with the proper role of the courts under the Constitution - Oireachtas entitled to set down in the 1996 Act non-exhaustive list of circumstances to be taken into account in respect of proper provision - whether this action is res judicata - previous challenge by appellant to Constitutionality of the 1996 Act - no legitimate basis put forward as to why matter should be allowed to be re-litigated - action dismissed.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now