Cook v Carroll

JurisdictionIreland
Judgment Date31 July 1945
Date31 July 1945
CourtHigh Court
Cook
and
Carroll

Parish priest - Contempt of Court - Consultation in priest's house concerning alleged seduction - Subsequent seduction action -Refusal by priest to testify as to such consultation - Whether refusal a contempt of Court - Confidential communications to priest - Whether such communications are privileged

A parish priest interviewed together in his house a girl parishioner who alleged that she had been seduced and the parishioner whom she held responsible for such seduction. Subsequently an action for damages for seduction was brought by the girl's mother against this parishioner, and the priest was called to give evidence of what passed at this interview. He refused to give evidence, claiming privilege. Held that his refusal to give evidence was justified and was not a contempt of Court, the Court expressing the view that communications made in...

To continue reading

Request your trial
14 cases
  • R. v. Church of Scientology of Toronto and Zaharia, (1987) 18 O.A.C. 321 (CA)
    • Canada
    • Ontario Court of Appeal (Ontario)
    • 30 January 1987
    ...468 (P.D.& A.), refd to. [para. 237]. Mullen v. United States (1985), 263 F.2d 275, refd to. [para. 238]. Cook v. Carroll, [1945] I.R. 515, refd to. [para. United States v. Nixon et al. (1974), 418 U.S. 683, consd. [para. 248]. Jim Pattison Industries v. The Queen (1985), 3 C.P.R.(3d) 9......
  • Emmett Corcoran and Oncor Ventures Ltd t/a The Democrat v The Commissioner of an Garda Síochána and the Director of Public Prosecutions
    • Ireland
    • Supreme Court
    • 22 June 2023
    ...that they have been recognised and applied in this jurisdiction (though not in the context of journalistic privilege): Cook v Carroll [1945] IR 515 and ER v JR [1981] ILRM 91 In 2017, the Canadian Parliament legislated to enhance the protection of journalistic sources, effectively adopting ......
  • Johnston v Church of Scientology and Others
    • Ireland
    • Supreme Court
    • 27 February 2001
    ...1 I.L.R.M. 111. Bula Ltd. (in receivership) v. Tara Mines Ltd. (Unreported, High Court, Murphy J., 11th January, 1991). Cook v. Carroll [1945] I.R. 515. E.R. v. J.R. [1981] I.L.R.M. 125. Horgan v. Murray (No. 2) [1999] 1 I.L.R.M. 257. Irish Nationwide Building Society v. Charlton (Unreporte......
  • Attorney General v Hamilton (No. 2)
    • Ireland
    • Supreme Court
    • 28 July 1993
    ...271. Church of Scientology of California v. Johnson Smith [1972] 1 Q.B. 522; [1971] 3 W.L.R. 434; [1972] 1 All E.R. 378. Cook v. Carroll [1945] I.R. 515. Dillon v. Balfour (1887) 20 L.R. Ir. 600. G. v. An Bord Uchtála [1980] I.R. 32; (1978) 113 I.L.T.R. 25. Garda Representative Association ......
  • Request a trial to view additional results
1 books & journal articles
  • Catholicism and the Judiciary in Ireland, 1922-1960
    • Ireland
    • Irish Judicial Studies Journal No. 1-20, January 2020
    • 1 January 2020
    ...“social interests of an administrative, moral, cultural and economic character”, chosen in manner prescribed by law’. 77 Cook v Carroll [1945] IR 515. 78 Maguire v Attorney General [1943] 238 and Re Howley [1940] IR 119. 79 [1943] 238. 80 [1943] IR 238, 254. [2020] Irish Judicial Studies Jo......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT