O'Brien v Minister for Defence, Ireland and Attorney General
Jurisdiction | Ireland |
Judge | Hamilton C.J. |
Judgment Date | 01 January 1998 |
Neutral Citation | 1998 WJSC-SC 11041 |
Judgment citation (vLex) | [1997] 7 JIC 0702 |
Court | Supreme Court |
Date | 01 January 1998 |
- Public interest - Diplomatic privilege - Statutory privilege - Defence Forces -Reports of UN and military inquiries into death of soldier in Lebanon - Power of Oireachtas to enact legislation conferring privilege of exemption from production on specified categories of documentary or other evidence - Defence Act, 1954 (No. 18) - Rules of Procedure (Defence Forces), 1954 (S.I. No. 243).
Rule 121 of the Rules of Procedure (Defence Forces), 1954, provides that the proceedings of a court of inquiry and any confession, statement or answer to any question made or given at a court of inquiry shall not be admissible against any person subject to military law, nor shall any evidence respecting the proceedings of a court of inquiry be given against any such person except upon his trial for committing the civil offence of perjury. Rule 122 provides that a finding of a court of inquiry shall not be admissible in evidence nor shall any question be asked of any...
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Ryanair Ltd v Channel 4 Television Corporation
...the court to evaluate the claim. Generalised, non-specific details will not suffice: O'Brien v. Minister for Defence & Ors. [1998] 2 I.L.R.M. 156 at p. 159. In the vast majority of cases, it is only via this procedure that the privilege issue will be determined.' 30 In addition, Ryanair re......
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Miggin (A Minor) v Health Service Executive (HSE) & Gannon
...Newspapers (Ireland) Ltd. v. Murphy[2006] IEHC 276, [2006] 3 I.R. 566. O'Brien v. Ireland [1995] 1 I.R. 568; [1995] 1 I.L.R.M. 22; [1998] 2 I.L.R.M. 156. P.J. Carroll & Co. Ltd. v. Minister for Health and Children (No. 3) [2006] IESC 36, [2006] 3 I.R. 431. In re R. Ltd. [1989] I.R. 126; [19......
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Edward Keating v Radio Telefís Éireann and Others
...v Independent Newspapers and Anor [1988] IR 132; Skeffington v Rooney & Anor [1997] 1 IR 22; O'Brien v Minister for Defence & Ors [1998] 2 ILRM 156; In re Kevin O'Kelly [1974] 108 ILT 97; Burke & Ors v Central Independent Television plc [1994] 2 IR.61; Stafford v Revenue Commissioners (......
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Brophy v Mediahuis Ireland Group Ltd
...so as to permit the court to evaluate the claim. Generalised, non-specific details will not suffice: O'Brien v Minister for Defence [1998] 2 I.L.R.M. 156 at 159. In the vast majority of cases, it is only via this procedure that the privilege issue will be determined. That being said however......