Ingle v O'Brien

Judgment Date01 January 1975
Date01 January 1975
CourtHigh Court

Taxi driver - Revocation of licence - Natural justice - Audi alteram partem - Revocation invalid - Road Traffic (Public Service Vehicles) Regulations, 1963 (S.I. No. 191), art. 36 - Road Traffic (Public Service Vehicles) (Amendment) (No. 2) Regulations, 1970 (S.I. No. 200), art. 2 - Constitution of Ireland, 1937, Article 40.

The prosecutor, a taxi driver, had been granted a licence to drive licensed public hire vehicles but the licence was revoked by the respondent, a superintendent of the Garda SÃochána, pursuant to article 36 of the Regulations of 1963. The respondent had been authorised in that behalf by the Commissioner of the Garda SÃochána pursuant to article 2 of the Regulations of 1970. The prosecutor was not given an opportunity to make representations against the proposed revocation of his licence. He did not appeal to the District Court pursuant to article 37 of the Regulations of 1963 but he obtained in the High Court a conditional order of certiorari to quash the revocation unless cause were shown to the contrary. The respondent showed cause and the prosecutor then applied for an order absolute notwithstanding the cause shown. Held by Pringle J., in making an...

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19 cases
  • The State (Crothers) v Kelly
    • Ireland
    • High Court
    • 2 October 1978 admittedly somewhat different circumstances. In applying the maxim I was guided by the judgment of Pringle J. in Ingle .v. O'Brien 109 I.L.T.R.7. I feel that it would be inconsistent to depart from the view which I then took in the present case. The Corporation urges that the maxim has ......
  • Moran v Attorney General
    • Ireland
    • High Court
    • 1 January 1977 against the making of the revocation. East Donegal Co-Operative v. The Attorney GeneralIR [1970] I.R. 317 and Inglev. O'BrienDLTR, 109 I.L.T.R. 7 applied. 2. That the defect in the manner in which the power of revocation was exercised was not cured by the fact that, subsequently, the p......
  • Shatter v Guerin
    • Ireland
    • Supreme Court
    • 26 February 2019
    ...I refer to two decisions on the public licensing side, often referred to in this context, the first of which is Ingle v. O'Brien [1975] 109 I.L.T.R. 7, where it was held that a right of appeal, with full procedural rights, was not sufficient to neutralise the absence of affording the holder......
  • McNamee v The Revenue Commissioners
    • Ireland
    • Supreme Court
    • 22 June 2016
    ...and Hogan (op cit.) at paras. 14 ? 275 and 14 ? 276. There had been earlier decisions of the High Court, namely, Ingle v. O'Brien (1975) 109 I.L.T.R. 7 and Moran v. Attorney General [1976] I.R. 400, in which it had been found that a failure to allow a person who had been affected by a deci......
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