Section 11 of the Canadian Charter of Rights and Freedoms is the section of the Canadian Constitution that protects a person's legal rights in criminal and penal matters. There are nine enumerated rights protected in section 11.
Adrian Hardiman was an Irish judge who served as a Judge of the Supreme Court from 2000 to 2016.
Liam Carroll was an Irish property developer and businessperson known for his involvement in the Irish construction industry via his development company, Zoe Developments Group from the 1990s up to the time of the Irish property crash and the ultimate collapse of the group. Carroll often featured in the media despite his reclusive manner while his relatively frugal and reserved behaviour contrasted markedly with other public figures and property developers of the era.
Examinership is a process in Irish law whereby the protection of the Court is obtained to assist the survival of a company. It allows a company to restructure with the approval of the High Court.
Moylist Construction Limited v Doheny, [2016] IESC 9, [2016] 2 IR 283 was an Irish Supreme Court case in which the Supreme Court confirmed the Irish courts’ jurisdiction to strike out (dismiss) weak cases—those it considered “bound to fail."
Tracey, T/A Engineering Design & Management v Burton, [2016] IESC 16, was an Irish Supreme Court case in which the Supreme Court considered the Irish courts' ability to limit the right of access to the courts and, in extreme cases, to dismiss proceedings.
In the case of Meadows v Minister for Justice, Equality, and Law Reform [2010] IESC 3; [2010] 2 IR 701; [2011] 2 ILRM 157, the Supreme Court of Ireland found that the proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on Human Rights. While the case concerned an application for judicial review of an asylum decision, the decision was described as carrying “implications for the whole body of Irish administrative law”.
In Blood v DPP [2005] IESC 8, the Irish Supreme Court confirmed that a right to an expeditious trial is implied in the right to a fair trial under Irish law. The decision of McGuinness J further suggested that "blameworthy prosecution delay was insufficient without some evidence of prejudice to the accused, whether in the form of a real risk of an unfair trial or stress and anxiety arising from the delay". The applicant in the case was successful in their appeal.
J. McD v P.L and B.M[2007] IESC 28, [2008] ILRM 81 is an Irish Supreme Court case the rights of a sperm donor to access a child born through his donation. The Appellant, who was the biological donor, questioned whether he could be a guardian of the infant despite never having had a romantic relationship with the first named respondent who was the mother. The case raised important questions around the Irish legal definition of "family." The case is also important because the Supreme Court over-turned a High Court ruling that had relied on Article 8 of the European Convention of Human Rights.
B.S. v. Director of Public Prosecutions [2017] IESCDET 134; was an Irish Supreme Court case in which the Court ruled on the determination of article 34.5.3° of the Constitution when the Court can grant an allowance for an appeal from the Court of Appeal to the Supreme Court. The ruling declared that the Supreme Court "is no longer a Court for the correction of error but rather a Court which has the principal constitutional task of determining issues of general importance."
McFarlane v. Director of Public Prosecutions[2008] IESC 7; [2008] 2 I.R. 117 is an Irish Supreme Court case in which the Court ruled that the right to a fair trial under both Article 38.1 of the Constitution and Article 6(1) of the European Convention on Human Rights does not preclude prosecution in cases of prosecutorial delay unless the accused can demonstrate either that some specific prejudice resulted or that the delay was well outside the norm for the particular proceedings.
Delahunty v Player and Wills (Ireland) Ltd, [2006] 1 IR 304; [2006] IESC 21 was an Irish Supreme Court case in which the Court gave a woman permission to take action for damages against two major tobacco companies in what was the first step in the battle against 'Big tobacco'.
Walsh v Jones Lang Lasalle Ltd [2017] IESC 38, is a decision of the Irish Supreme Court in which the court held that a purchaser bears the risk of reliance on erroneous information unless the vendor has clearly assumed responsibility for its accuracy. In reaching this decision, the court clarified the law in Ireland "in relation to the effect of statements disclaiming liability in actions claiming negligent misstatement."
MJELR v Rettinger[2010] IESC 45, [2010] 3 IR 783, was a case in which the Irish Supreme Court ruled that to resist the application of a European Arrest Warrant on the basis that it would result in treatment contrary to Article 3 of the European Convention on Human Rights (ECHR), the wanted individual must offer substantial grounds to believe that he or she would be exposed to a real risk of such treatment.
Gerald J.P. Stephens v. Paul Flynn Ltd.[2008] IESC 4; [2008] 4 IR 31 was an Irish Supreme Court case in which the Court ruled that, absent special circumstances, a party's failure to deliver a statement of claim within a period of twenty months is inexcusable and will justify dismissal of the litigation.
D.C. v DPP[2005] 4 IR 281, [2006] ILRM 348; [2005] IESC 77 was an Irish Supreme Court case in which the Court confirmed that the standard to be met for prohibiting a trial is "where there is a real or serious risk of an unfair trial".
K. (C.) v. K. (J.)[2004] IESC 21; [2004] 1 IR 224, is an Irish Supreme Court case in which the Court held that the doctrine of estoppel could not be used to change the status of a person, when the status, as a matter of law, never actually changed.
Philp v Ryan & Anor [2004] IESC 105 is an Irish tort law case concerning the actionability of the 'loss of chance' doctrine in medical negligence. Contrary to the position in England and Wales consolidated in Gregg v Scott, the Supreme Court of Ireland awarded compensation to the plaintiff for their loss of life expectancy caused by the defendant's negligence, despite the lack of proof on the balance of probabilities that Mr Philp would have otherwise recovered.
McInerney Holdings PLC was an Irish construction and development company with a focus on housebuilding, which existed from 1909 until 2011. The company initially focused on the Irish market but later expanded to the UK, Middle East and mainland Europe. In 2009 the company was said to have built nearly 90,000 houses in Ireland including nearly 10% of the housing in Ireland's main cities.
O'C(P) v. DPP [2000] 3 IR 87[1]; (2000) IESC 58 is a reported Irish Supreme Court case decision where the court examined the issues of "delay" and the right to a fair trial. The Court stated that under Article 38.1 of the Constitution, provides that no one shall be tried for a crime "save in due course of law," and stated that anyone accused with an offence has a right to a trial that is performed with reasonable expedition. The complainant's delay in informing the authorities of the alleged sexual abuse was found to be justified by the Court given the circumstances of the alleged offence. The court found that the applicant's ability to defend himself had been substantially affected by the delay, creating a real possibility of an unfair trial. Finally, the Supreme Court dismissed the complainant's appeal and upheld the decision of the High Court.
