Farrell v. A.G. [1997] IEHC 20; [1998] 1 IR 203 (30th January, 1997)

Farrell v. A.G. [1997] IEHC 20; [1998] 1 IR 203 (30th January, 1997)

Section 24(1) of the Coroners Act, 1962 does not empower the Attorney General to direct a new, fresh, or further inquest where a lawful inquest has already been held and its verdict remains unimpeached; the Respondent's exercise of power was ultra vires and unreasonable.

Source-derived case information.

Citation
[1997] IEHC 20
Parties
Applicant: Applicant (Coroner); Respondent: Attorney General; Interested Party: Mrs. Doherty
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Final Judgment
Outcome
application granted
Legal Topics
Powers of Attorney General, Coroners' Inquests, Ultra Vires, Procedural Fairness
Administrative Law Statutory Interpretation Powers of Attorney General Coroners' Inquests Ultra Vires Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Applicant (Coroner)

Applicant

Attorney General

Respondent

Mrs. Doherty

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Does Section 24(1) of the Coroners Act, 1962 empower the Attorney General to direct a fresh inquest where one has already been held?
  2. 2 Were the statutory powers exercised ultra vires?
  3. 3 Was there procedural unfairness in the conduct of the inquest or subsequent correspondence?

Ratio Decidendi

Section 24(1) of the Coroners Act, 1962 does not empower the Attorney General to direct a new, fresh, or further inquest where a lawful inquest has already been held and its verdict remains unimpeached; the Respondent's exercise of power was ultra vires and unreasonable.

Court Disposition

application granted

Orders

  • Respondent to deliver up to the Court for quashing the decisions contained in the letters of 8th November, 1994 and 2nd December, 1994 which purportedly gave directions pursuant to Section 24(1) of the Coroners Act, 1962.