Fraud Archives - Decisis

Appeal on garda privilege in child welfare case dismissed, court upholds right to inspect material

By: Decisis

Court of Appeal dismisses the Garda Commissioner's appeal, affirming the High Court's right to inspect recordings relevant to a case involving the safety and welfare of minor children, on the grounds that the court has the authority to inspect such materials and balance the interests for and against disclosure; and the decision underscores the importance of the court's role in determining the admissibility of evidence and rejects the notion of an absolute, time-limited investigative privilege that would preclude judicial inspection.

Application for cross-examination denied amidst claims of trespass and nuisance

By: Decisis

High Court refuses plaintiff's application to cross-examine deponents of the defendants' affidavits in a case concerning allegations of trespass and nuisance, on the grounds that the plaintiff failed to specify conflicts of evidence that would necessitate cross-examination for the defendants' motion to strike out the proceedings as frivolous and an abuse of process, the court emphasising that cross-examination is not an automatic right in interlocutory applications and is only granted to resolve material conflicts of fact essential for determining the application.

Barrister’s appeal of High Court orders dismissed but Isaac Wunder order set aside

By: Decisis

Court of Appeal upholds the High Court's decision to dismiss a barrister's claim against a solicitor as an abuse of process, affirming that the issues had already been conclusively determined in prior proceedings, where rhe original court had found the barrister's action to be a collateral attack on costs orders and judgment mortgages that were final and conclusive, leading to the dismissal of her claim; but the Court sets aside an Isaac Wunder order that restrained the barrister from instituting any further High Court proceedings without prior leave, due to a lack of opportunity for the barrister to be heard on the matter.

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Appeal on garda privilege in child welfare case dismissed, court upholds right to inspect material

Application for cross-examination denied amidst claims of trespass and nuisance

Barrister’s appeal of High Court orders dismissed but Isaac Wunder order set aside

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