Curtis v. Kenny [2001] IEHC 31; [2001] 2 IR 96 (9th March, 2001)

Curtis v. Kenny [2001] IEHC 31; [2001] 2 IR 96 (9th March, 2001)

There was no legal or factual basis for holding the applicant in contempt or committing him to prison. The procedures adopted were a breach of natural and constitutional justice. The orders and warrant of committal were ultra vires and must be quashed. Costs are awarded against the notice parties but not against the judge, as the threshold for judicial impropriety was not met.

Citation
[2001] IEHC 31
Parties
Applicant: Mr. Curtis; Respondent: Judge Kenny; Notice Party: Mr. Higgins; Notice Party: Mr. Lynch
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment
Outcome
Application granted
Legal Topics
Contempt of Court, Natural Justice, Judicial Review, Costs
Constitutional Law Civil Procedure Contempt of Court Natural Justice Judicial Review Costs

Case Brief

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Parties

Mr. Curtis

Applicant

Judge Kenny

Respondent

Mr. Higgins

Notice Party

Mr. Lynch

Notice Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the applicant was lawfully committed for contempt of court
  2. 2 Whether the procedures leading to committal breached standards of justice and fairness
  3. 3 Whether costs should be awarded against the judge

Ratio Decidendi

There was no legal or factual basis for holding the applicant in contempt or committing him to prison. The procedures adopted were a breach of natural and constitutional justice. The orders and warrant of committal were ultra vires and must be quashed. Costs are awarded against the notice parties but not against the judge, as the threshold for judicial impropriety was not met.

Court Disposition

Application granted

Orders

  • Certiorari to quash all orders and the warrant of committal against Mr. Curtis
  • Costs awarded in favour of Mr. Curtis against Mr. Higgins and Mr. Lynch