Eugene F. Collins News

Constitutional Justice & Judicial Recusal

Posted on 31 October 2018

What is Constitutional Justice & Judicial Recusal?
Our right to constitutional justice is provided for by Article 40.3 of our Constitution whereby the State guarantees in its laws, to respect, defend and vindicate the personal rights of every citizen. Constitutional justice consists of two fundamental procedural rules which seek to provide fair procedures to persons living in Ireland in their dealings with the Courts and other public bodies: 1. the decision maker must not be biased; and 2. a person must have an adequate opportunity to present his/her case.

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When are witness statements no longer privileged

Posted on 23 October 2018

The High Court has clarified the extent to which litigation privilege exists over witness statements in Irish law in a recent ex tempore judgment (i.e. a judgment which is handed down immediately after an application or hearing of a case without prior preparation) on 15 October 2018 of Mr Justice Twomey in the Madoff fraud related Commercial Court case of Defender Limited v HSBC Institutional Trust Services (Ireland) DAC.

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