Moran v Attorney General

JurisdictionIreland
Judgment Date01 January 1977
Date01 January 1977
Docket Number[1974 No. 2266 P]
CourtHigh Court
(H.C.)
Moran
and
The Attorney General

Taxi driver - Revocation of licence - Natural justice - Audi alteram partem - Revocation invalid - Road Traffic (Public Service Vehicles) Regulations, 1963 (S.I. No. 191), art. 24 - Road Traffic Act, 1961 (No. 24), ss. 5, 82 - Constitution of Ireland, 1937, Article 40.

The plaintiff was a taxi driver whose licence to drive a public service vehicle had been revoked by the third defendant in purported exercise of the powers conferred by article 24 of the Regulations of 1963. The plaintiff had appealed to the District Court against the revocation, as permitted by article 27 of the Regulations, but the appeal was dismissed after a full hearing. The plaintiff then issued a summons in the High Court and claimed a declaration that the revocation of his licence was invalid, and damages. The licence had been revoked without giving the plaintiff notice of the reasons for the revocation or an opportunity to controvert the matters which were alleged to justify the revocation...

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12 cases
  • Eircell v Leitrim County Council
    • Ireland
    • High Court
    • October 29, 1999
    ...REPRESENTATIVE ASSOC 1997 2 IR 449 LEARY V NATIONAL UNION OF VEHICLE BUILDERS 1971 CH 34 INGLE V O'BRIEN 1975 109 ILTR 7 MORAN V AG 1976 IR 400 IRISH FAMILY PLANNING ASSOC & WILSON V RYAN 1979 IR 295 EAST DONEGAL CO-OP LIVESTOCK MART LTD V AG 1970 IR 317 GAMMELL V DUBLIN CO COUNCIL 19......
  • Shatter v Guerin
    • Ireland
    • Supreme Court
    • February 26, 2019
    ...under the Road Traffic (Public Services Vehicle) Regulations 1963 (Article 36: No. S.I. 191). Moran v. The Attorney General & Ors [1976] I.R. 400, applied the same reasoning in similar circumstances even if Mr. Moran had already exercised his right of appeal to the District Court against th......
  • McNamee v The Revenue Commissioners
    • Ireland
    • Supreme Court
    • June 22, 2016
    ...This absence of the asserted rights is claimed to constitute an unfair procedure, similar to that in Moran -v- Attorney General (1976) IR 400, where the deprivation of a taxi licence in unfair circumstances was not cured by the existence of an appeal to the District Court. This is thus sai......
  • B.L. v M.L.
    • Ireland
    • Supreme Court
    • January 1, 1992
    ...High Court, Finlay P., 31st July, 1981). N.A.D. v. J.D. [1985] I.L.R.M. 153. de Burca v. The Attorney General [1976] I.R. 38; (1976) 111 I.L.T.R. 137. Dent v. Dent (1865) 13 L.T. 253. Durant v. Durant (1827) 1 Hagg. Ecc. 733. J.F v. B.F (Unreported, High Court, Lardner J., 21st December, 19......
  • Get Started for Free