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19 Dec 2019, 4:11 pm
Murphy v Callinan, like Collins before it, concerned an insurance policy. [read post]
10 Jul 2015, 4:06 pm
In the process, the divergent conclusions in Johnson v Medical Defence Union [2007] EWCA Civ 262 (28 March 2007) and the earlier Irish case ofCollins v FBD Insurance plc [2013] IEHC 137 (14 March 2013) (interpreting the frankly odd section 7 of the Data Protection Act, 1988 (also here)) were rejected. [read post]
5 Jul 2023, 4:37 pm
Nevertheless, the Irish courts have acknowledged that the law protects reasonable expectations of privacy CRH plc v Competition and Consumer Protection Commission [2017] IESC 34 (29 May 2017) [32] (Charleton J)), albeit that it does so by means of a (constitutional) tort of invasion of privacy (the leading case is Kennedy v Ireland [1987] IR 587 (doc | pdf) (Hamilton P); on the juridical nature of such a claim, see now McGee… [read post]
7 Jul 2022, 2:05 pm
There being two legitimate aims, the next question was whether the restriction was proportionate to them; the means chosen to achieve those aim must (a) be rationally connected to the objective and not be arbitrary, unfair or based on irrational considerations, (b) impair the right as little as possible, and (c) be such that their effects on rights are proportional to the objective … (Murphy v IRTC [46] (Barrington J), following Heaney v Ireland [1994] 3 IR… [read post]
25 Feb 2011, 4:08 pm
However, the courts have held that injunctions against certain statements based on a finding on the merits that those particular statements are defamatory effectively do not amount to prior restraints and are therefore not presumptively unconstitutional (see Balboa Island Village Inn v Lemen 156 P 3d 339 (Supreme Court of California, 2007); St James Healthcare v Cole 2008 MT 453 (Supreme Court of Montana, 2008); Hill v Petrotech Resources Corp (Supreme Court of… [read post]
16 Feb 2011, 6:52 am
However, this principle is not unlimited (see Cullen v Stanley [1926] IR 73 (SC); though quaere whether the case would be decided on its facts in the same way in the light of Quinlavan v O’Dea and Allister v Paisley above). [read post]
18 Dec 2019, 4:08 pm
In McCann v JM [2015] IECA 281 (8 December 2015) [38], Hogan J (Ryan P and Finlay Geoghegan J concurring) in the Court of Appeal referred uncritically to Collins. [read post]
6 May 2012, 2:41 am
David Richards J held that this would therefore have involved a significant departures from two fundamental common law principles: first, the principle of open justice requires that trials are conducted in public; and, second, the principle of natural justice includes the right of a party to know the case against him and the evidence on which it is based (relying on Al Rawi v The Security Service [2011] UKSC 34 (13 July 2011) [10]-[13] (Lord Dyson); and later, in respect of open justice, to… [read post]
4 Jul 2016, 4:07 pm
Indeed, in Kennedy v Ireland [1987] IR 587, the first and leading case on privacy of communications, Hamilton P awarded the plaintiffs a total of £50,000 damages for the significant distress that they suffered from the defendants’ infringement of their constitutional right to privacy ([1987] 1 IR 587, 594-595). [read post]
21 Sep 2020, 6:43 am
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]
22 Jul 2014, 9:07 am
Miller v. [read post]
19 Jun 2007, 7:39 am
Fix and Jenna V. [read post]
22 Nov 2012, 12:27 am
Veden, Univ of Arkansas, Fayetteville: The Alchemy and Antirrhetic of West Coast Hotel v. [read post]
31 Aug 2020, 12:44 pm
If you have not yet read United States v. [read post]
4 Jul 2009, 5:50 pm
MAIN CASSVILLE MO-Missouri 47 RADEACKAR'S NO. 1 MALL DRIVE P. [read post]
8 Mar 2014, 9:53 pm
Alberto Huapaya Olivares Este artículo se publicó en la página de la OEA: http://www.oas.org/juridico/mla/sp/per/sp_per_MAR_LEG_EXTR_PERU.pdf Se ha reactualizado con los últimos cambios de la legislación extradicional.Marco ConstitucionalLa Constitución nos brinda un marco específico con disposiciones que normandirectamente esta institución y un marco de derechos básicos que lacomplementa.Marco legal específico:Esta… [read post]
12 Aug 2008, 2:00 pm
Environmental 3 Anurag Parkash VP Real Estate Property Management 2 Anurag Parkash VP Real Estate Property Management 2 Jacob klein J.KLEIN ASSOCIATES realty insurance brokerage 2 Howard Schwartz Diamond Vault International Self Employed 3 Annie Yao Newmark Knight Frank Commercial Leasing 2 vinod gadura gadurarealestate Brokerage - commerciall 3 Alice P. [read post]
