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5 Jan 2015, 6:28 am
Odell, How Should the WTO Launch and Negotiate a Future Round? [read post]
27 Sep 2016, 4:20 pm by INFORRM
The judgment of Clarke J in Cogley is an excellent illustration; the judgment of Binchy J himself in O’Brien v RTE [2015] IEHC 397 (21 May 2015) is another. [read post]
7 Jul 2022, 2:05 pm by INFORRM
Baker J said that O’Flaherty J in the Supreme Court in Heaney (above) dealt with the right to silence as a corollary of freedom of expression “by reference to Article 40.3.1”, whereas he in fact dealt with it by reference to Article 40.6. [read post]
12 Jul 2017, 4:15 pm by INFORRM
Hence, Binchy J concluded (at [40]): In Foley, Kelly J clearly recognised that the right to freedom of expression would have to give way to the right to life in the event of a conflict. [read post]
16 Feb 2011, 6:52 am by INFORRM
Gama Endustri Tesisleri Imalat Montaj AS v Minister for Enterprise, Trade and Employment [2005] IEHC 119 (22 April 2005) (Kelly J), Cogley v Radio Telifís Eireann [2005] 4 IR 79, [2005] IEHC 180 (8 June 2005) (Clarke J) and Murray v Newsgroup Newspapers [2010] IEHC 248 (Irvine J) are all to similar effect. [read post]
21 Sep 2020, 6:43 am by INFORRM
Recent cases citing these rights together include Watson v Campos [2016] IEHC 18 (14 January 2016) [28] (Barrett J); Rooney v Shell E&P Ireland [2017] IEHC 63 (20 January 2017) [31]-[32] (Ní Raifeartaigh J); Ryanair v Channel 4 Television [2017] IEHC 651 (05 October 2017) [49]-[52] (Meenan J). [read post]
17 Jul 2012, 8:00 am by INFORRM
After all, if the Irish Constitution places a premium on honest and fearless debate and trusts in the power of argument and debate and reasoned discussion (as Hogan J recently held in Doherty v The Referendum Commission [2012] IEHC 211 (06 June 2012)), and if the media’s right to communicate information without let or restraint is intrinsic to a free and democratic society (as Fennelly J put it in Mahon v Post Publications [2007] 3 IR 338, [2007] 2 ILRM 1, [2007] IESC 15 (29… [read post]
25 Feb 2011, 4:08 pm by INFORRM
Another critical aspect of Matthew J’s judgment was that, although the plaintiff was a convicted criminal, he nevertheless possessed a residual reputation which was damaged by the newspaper’s allegations. [read post]
6 May 2012, 2:41 am by INFORRM
As a consequence, just as David Richards J did in McKillen, the Canadian courts have emphasised the need for a solid evidentiary basis to support any sealing order or publication ban. [read post]
21 Jul 2022, 4:44 pm by INFORRM
Saini J adopted Longstaff J’s reasoning, and held that those who had misused the claimant’s personal data were the criminal third-party hackers, and not the defendant which had been hacked ([2021] EWHC 2168 [31]). [read post]
4 Jul 2016, 4:07 pm by INFORRM
And in Sullivan v Boylan [2013] IEHC 104 (12 March 2013) Hogan J awarded €15,000 in general damages, and €7,500 in exemplary damages, for infringement of the plaintiff’s constitutional right to privacy. [read post]
25 May 2012, 5:23 pm by INFORRM
As to the in camera application, Laffoy J referred to Clarke J’s judgment in Doe v Revenue Commissioners and held the Court has no jurisdiction to hear these civil proceedings otherwise than in public. [read post]