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 the committal of the applicant for contempt, as he was not served with a witness summons or court order. The orders and warrant were ultra vires and in breach of natural and constitutional justice and must be quashed.

Citation
[2001] 2 IR 96
Parties
Applicant: Mr. Curtis; Respondent: Judge Kenny; Notice Party: Mr. Higgins; Notice Party: Mr. Lynch
Jurisdiction
Ireland
Procedural Posture
Judicial Review / Judgment After Hearing
Outcome
Application granted
Legal Topics
Contempt of Court, Judicial Review, Natural Justice, Costs
Constitutional Law Civil Procedure Contempt of Court Judicial Review Natural Justice 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 After Hearing

Legal Issues

  1. 1 Whether the applicant was lawfully committed for contempt of court
  2. 2 Whether the orders of committal were ultra vires and in breach of natural and constitutional justice
  3. 3 Whether costs should be awarded against the judge

Ratio Decidendi

There was no legal or factual basis for the committal of the applicant for contempt, as he was not served with a witness summons or court order. The orders and warrant were ultra vires and in breach of natural and constitutional justice and must be quashed.

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