Re Hibernia National Review Ltd

JurisdictionIreland
Judgment Date14 July 1976
Date14 July 1976
Docket Number[S.C. No. 121 of
CourtSupreme Court
(S.C.)
In re Hibernia National Review Ltd

Company -Sequestration - Rules of the Superior Courts,1962 (S.I. No. 72), Or. 44.

The Director of Public Prosecutions appealed to the Supreme Court from the refusal of the High Court to grant his ex parte application for conditional orders of attachment and sequestration. His application was based upon the contents of two letters written to and published by a newspaper. The letters referred to a recent criminal trial, which was described as a "trial" without evidence, and the letters alleged that the members of the Special Criminal Court had conducted a travesty of a trial, that they had not given the benefit of the doubt to the accused, and that they had been involved in an effort by the Government and the Police to procure a false verdict of guilty, Heldby the Supreme Court (O'Higgins C.J., Kenny and Parke JJ.), in allowing the appeal, 1, that there was evidence of the imputation of improper and base motives and bias to the judges of the Special Criminal Court, and of serious mis-representations of the proceedings in that court. 2. That a conditional order of attachment should be directed to the editor of...

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7 cases
  • Irish Times Ltd v Ireland
    • Ireland
    • Supreme Court
    • April 2, 1998
    ...577. D. v. Director of Public Prosecutions [1994] 2 I.R. 465. Heaney v. Ireland [1997] 1 I.L.R.M. 117. In re Hibernia National Review [1976] I.R. 388. Irish Press v. Ingersoll Publications Ltd. [1993] I.L.R.M. 747. Kearney v. Minister for Justice [1986] I.R. 116; [1987] I.L.R.M. 52. Keegan ......
  • State (DPP) v Walsh
    • Ireland
    • Supreme Court
    • March 16, 1981
    ...Supermarket v. The Attorney General [1972] I.R. 1. 28 McMahon v. The Attorney General [1972] I.R. 69. 29 In re Hibernia National Review [1976] I.R. 388. 30 R. v. Gray [1900] 2 Q.B. 36. 31 The State (Quinn) v. Ryan [1965] I.R. 70. 32 Balogh v. St. Albans Crown Court [1975] Q.B. 73. 33 James ......
  • Hunter & Callaghan v Gerald Duckworth & Company Ltd & Blom-Cooper
    • Ireland
    • High Court
    • July 31, 2003
    ... ... ART 40.6.1 CONSTITUTION ART 40.3.1 CONSTITUTION ART 40.3.2 HIBERNIA NATIONAL REVIEW, RE 1976 IR 389 O'BRIEN V MIRROR GROUP NEWSPAPERS LTD 2001 1 IR 1 ... ...
  • S (Ps) v S (Ja) & Independent Newspapers (Irl) Ltd & Rte
    • Ireland
    • High Court
    • May 19, 1995
    ...custody of children for fear of the huge damage such publicity may do to the child's welfare. 61 In re Hibernia National Review, [1976], I.R. 388, the Director of Public Prosecutions appealed to the Supreme Court from the refusal of the High Court to grant his ex parte application for condi......
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2 books & journal articles
  • Criticising judges in Ireland
    • Ireland
    • Irish Judicial Studies Journal No. 1-2, January 2002
    • January 1, 2002
    ...for Legal Justice, the burden of which was that the Special Criminal Court judges ‘abused the rules 21 In re Hibernia National Review [1976] I.R. 388, at 22[1976] I.R. 388, at 391. 23(1742) 2 Atk 469. 90 Judicial Studies Institute Journal [2:1 of evidence as to make the court akin to a sent......
  • Contempt of court and the need for legislation
    • Ireland
    • Irish Judicial Studies Journal No. 1-4, January 2004
    • January 1, 2004
    ...490 at 505 (H.C.). 15 [1981] I.R. 412 (S.C.). 16 The Attorney General v. Connolly [1947] I.R. 213 at 220 (H.C.) per Gavan Duffy P. 17[1976] I.R. 388 Judicial Studies Institute Journal 2004] Contemp of Court and the need for Legislation In Re Hibernia National Review Ltd.17 a published insul......

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