Callanan -v- Geraghty [2007] IEHC 419 (05 December 2007)

Callanan -v- Geraghty [2007] IEHC 419 (05 December 2007)

The plaintiff established a fair issue to be tried that the coroner's decision to direct a post mortem should be quashed, and damages would not be an adequate remedy. The balance of convenience favours granting an interlocutory injunction as refusal would render the plaintiff's claim for a permanent injunction moot, while granting it would not wholly prevent the coroner from exercising his statutory powers if the plaintiff ultimately fails.

Citation
[2007] IEHC 419
Parties
Plaintiff: Moirín Callanan; Defendant: Kieran Geraghty
Jurisdiction
Ireland
Judgment Date
05 December 2007
Procedural Posture
Interlocutory Injunction Application / Interlocutory
Outcome
Interlocutory injunction granted
Legal Topics
Coroner's Powers, Post Mortem Examination, Judicial Review, Injunctions
Administrative Law Medical Law Coroner's Powers Post Mortem Examination Judicial Review Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Moirín Callanan

Plaintiff

Kieran Geraghty

Defendant

Procedural Posture

Interlocutory Injunction Application / Interlocutory

Legal Issues

  1. 1 Whether the coroner exceeded statutory powers in directing a post mortem
  2. 2 Whether there is a fair issue to be tried that the coroner's decision should be quashed
  3. 3 Where the balance of convenience lies in granting or refusing an interlocutory injunction

Ratio Decidendi

The plaintiff established a fair issue to be tried that the coroner's decision to direct a post mortem should be quashed, and damages would not be an adequate remedy. The balance of convenience favours granting an interlocutory injunction as refusal would render the plaintiff's claim for a permanent injunction moot, while granting it would not wholly prevent the coroner from exercising his statutory powers if the plaintiff ultimately fails.

Court Disposition

Interlocutory injunction granted

Orders

  • Order restraining the defendant from causing a post mortem to be carried out on the body of the Deceased pending the trial of the action.