LeagleEagle747 wrote: » Quick question re the Kerins case and O'Brein. How is it that O'Brien succeeded yet Kerins didn't in what are quintessentially identical cases? Been googling around but I'm down a rabbit hole and beyond confused
fLawless123 wrote: » Is anybody else not able to see Equity and the other subjects on the calendar on Betterexaminations?
ejm47 wrote: » Hope this helps!! From a handy (but v long) paper I found by Rossa Fanning SC:https://www.mhc.ie/uploads/pdf/Kerins__OBrien_Paper_~_Rossa_Fanning_SC.PDF "58. The fairly fundamental, albeit simplistic, question that might be asked, by an inquisitive law student is why did Mr. O’Brien lose and Ms. Kerins (at least partially) win? 59. Perhaps surprisingly, given that the two cases were heard by identically composed Courts and were decided contemporaneously, it is not easy to answer that question. Moreover, it is far from easy, in light of the decision in Kerins, to offer a confident view as to when the Superior Courts will be minded to intervene again. 60. The simplest way of distinguishing between the cases seems to be that the complaint of Mr. O’Brien was founded upon comments made by individual members of the Oireachtas which were constitutionally privileged. The case brought by Ms. Kerins was founded upon a criticism of the legality of the actions of PAC as a whole, which had already been condemned as ultra vires by CPP, part of the Oireachtas itself. 61. If Mr. O’Brien’s case was incapable of being seen as other than a collateral attack on constitutionally privileged speech in the Oireachtas, it is frankly not obvious why that of Ms. Kerins did not fail for precisely the same reason. Could it not be said that at the core of her complaint was what members of the PAC said to her and about her during her seven hour ordeal in February 2014? And if they could have made the same prejudicial and unfair comments in the Dáil chamber without risk of judicial intervention, why should the courts offer a remedy in circumstances where they showboated at a Committee as distinct from in the Dáil chamber itself?"
jus_me wrote: » Constitutional If we get a question on equality before the law- is this referring to equality or is it requiring an answer on open justice (Gilchrist etc) just want to get an opinion. Find it confusing what exactly a question on equality before the law wants u to get into
Fe123 wrote: » What parts of Liberty are people focusing on most
flepetch wrote: » Equity anyone else leaving out secret trusts? seems like its due up not sure if it'd be better to focus on resulting trusts and express trusts instead? would be grateful for any advice!
Paraeagle wrote: » I’m taking a gamble on it coming up. Covering tracing for the same reason too (light a candle for me)! The obvious trade-off is it uses up valuable time that could be spent cramming for the popular topics so depends on whether or not you’re willing to take the risk.
awsah wrote: » i am wondering would a wardship matter come up again as it is still so topical but also it just was asked in nov, so I am going to go with illegality of detention per Ryan v Governor of Mount Joy Prison
flepetch wrote: » yeah very fair, i'm also gambling on tracing! hating how unpredictable the paper seems to be. would i be right in saying secret trusts only come up as a problem Q?
Fe1user5555 wrote: » https://www.irishlegal.com/article/supreme-court-woman-suing-cmh-clinical-director-awarded-costs-and-granted-declaration#:~:text=In%20June%202020%2C%20the%20Supreme,the%20conditions%20of%20her%20release not sure if this has been posted in but found this helpful in relation to MC case about mootness
FEONE wrote: » is this to do with haebus corpus?
Iconic10 wrote: » since houses of oireachtas and keri a and o brien came up last year it would hardly come again would it ? i didn’t cover it
bluerthanu wrote: » At the point now where I’m questioning my own name but has mootness actually ever come up? I guess you can mention it, but substantively it’s always been locus standi, right?
Iconic10 wrote: » did liberty come up last year ?
Fe1user5555 wrote: » Came up in November 2020 paper - according to my grid that’s the first time it has come up since October 2016
Iconic10 wrote: » i haven’t covered it. was about to do it now - have ye left it out ? seen some people saying they are covering it
