The decision in the Wilson’s Hospital School and Enoch Burke case was delivered by the High Court last week. This was the substantive issue between the parties: was the school’s action in suspending Burke pending an investigation into allegations of misconduct lawful? Mr Justice Alexander Owens determined the decision to suspend was lawful and was… Continue reading Wilson’s Hospital School v Enoch Burke-the substantive decision of the High Court
Twitter has been much occupied in the last couple of days with coverage of the Ammi Burke High Court judicial review case. She was seeking an order to have her unfair dismissal case sent back to the Workplace Relations Commission for a fresh hearing. It was previously dismissed by the WRC adjudication officer, Kevin Baneham,… Continue reading The spectacle of the Burke court cases
The High Court investigation under Article 40 of the Constitution into the legality of Simeon Burke’s arrest and detention concluded yesterday. Simeon Burke had made, according to Mr Justice Cregan, “wild and unfounded allegations” against the arresting Gardai. Yet when the Gardai gave evidence on oath in the hearing Simeon Burke declined to cross examine… Continue reading Simeon Burke’s failure to test the Gardai evidence in High Court investigation
A commenter on my YouTube channel last week remarked that the conduct of both parties in the Wilson’s Hospital School dispute with Enoch Burke was poor and neither was more ‘righteous’ than the other. My reply was that there was no equivalence to be found between the conduct of both parties if you have any… Continue reading Wilson’s Hospital v Enoch Burke-is there any equivalence in the conduct of the parties?
I was thinking the other day that there is a certain nobility and bravery about putting your case, especially if your case is about something which you feel deeply and strongly about. You are expected to put your case in the hands of a third party and let him/her make a determination, one with which… Continue reading The nobility of putting your case
I did not intend making a video for my YouTube channel about each day of the four-day hearing in the High Court between Wilson’s Hospital School and Enoch Burke. But the video I published yesterday covering day 1 of the hearing generated 1100 views and 102 comments in 24 hours. So, I will do another… Continue reading Covering the Wilson’s Hospital v Enoch Burke case on my YouTube channel
I was reading an interesting High Court decision yesterday involving Mr X and Google. Mr X has been battling with Google since 2015 concerning what he has described as ‘distressing material’ about Mr X that is published online. He is trying to get Google to remove the offending material from search results. This High Court… Continue reading This High Court Judge gives ‘plain English’ explanations of some of his judgments
Ruth Coppinger tweeted the other day about the amount of deference being shown to Enoch Burke and his family in the High Court. Burke was physically removed by the Gardai from the court last week, and this was the second time he had shown up unannounced and unlisted in the High Court in a matter… Continue reading Is Ruth Coppinger right? Would the deference being shown to the Burke family be shown a trackie wearing “Anto”?
“He who seeks equity must do equity” is an equitable principle or maxim that was given an airing in the High Court yesterday in the Enoch Burke/Wilson’s Hospital case. Mr Justice Brian O’Moore expressed surprise to Enoch Burke that he was seeking relief from the High Court in circumstances where he admitted to being in… Continue reading “He who seeks equity must do equity”, Judge reminds Enoch Burke
You will often come across some choice, entertaining language in the judgments of various judges of the higher courts. Sometimes it will be archaic and old fashioned and from a different time and place. But the phrase or words are so descriptive that you immediately understand what is meant by the phrase. I was reading… Continue reading Getting an “opportunity to gather your skirts” in the High Court