Re Kennedy and McCann

JurisdictionIreland
Judgment Date07 July 1976
Date07 July 1976
Docket Number[S.C. No. 142 of 1975]
CourtSupreme Court
(S.C.)
In re Kennedy and McCann

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

The mother of two boys brought proceedings in the High Court under the Guardianship of Infants Act, 1964, and on the 6th June, 1975, that court awarded the sole custody of the boys to their father, who was a defendant in those proceedings. The proceedings, and prior proceedings of the same nature, had been heard in camera as permitted by s. 45 of the Courts (Supplemental Provisions) Act, 1961. The mother appealed to the Supreme Court. On Sunday, 13th June, 1976, while the appeal was pending, there appeared in a newspaper a biased and inaccurate account of the guardianship proceedings. The account contained offensive references to the father, and purported to give details of the breakdown of the parents' marriage, and it revealed the names and ages of the boys with their photographs and a photograph of their mother. In addition the account contained offensive comments on the treatment of such cases by Irish courts, and the direct implication that justice could not be obtained in such courts. The article containing such account was printed in breach of an order prohibiting publication. The article was written by McCann and was published while Kennedy was the editor of the newspaper. The...

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15 cases
  • Weeland v Raidió Teilifís Éireann
    • Ireland
    • High Court
    • 1 December 1987
    ...limits of reasonable criticism and accordingly the criticisms alleged did not amount to contempt of court. In re Kennedy and McCannIR [1976] I.R. 382 applied. 3. That furthermore the plaintiff had failed to establish that he was prejudiced in the presentation of his defence to the High Cour......
  • DPP v Independent Newspapers
    • Ireland
    • High Court
    • 7 March 2003
    ...Parties Citations: CHILDREN ACT 2001 CRIMINAL JUSTICE ACT 1984 S4 ROAD TRAFFIC ACT 1961 S112 DPP V WALSH 1981 IR 412 KENNEDY & MCCANN, RE 1976 IR 382 KELLY V O'NEILL 2000 1 IR 355 EUROPEAN CONVENTION ON HUMAN RIGHTS & FUNDAMENTAL FREEDOMS TIMES NEWSPAPER LTD V UK 1979 2 EHR 245 LRC REPORT......
  • State (DPP) v Walsh
    • Ireland
    • Supreme Court
    • 16 March 1981
    ...[1977] I.R. 360. 36 The King v. Dolan [1907] 2 I.R. 260. 37 The State (Browne) v. Feran [1967] I.R. 147. 38 In re Kennedy and McCann [1976] I.R. 382. 39 Stradling v. Morgan (1560) 1 Plowd. 199. 40 Cox v. Hakes (1890) 15 A.C. 306. 41 Attorney General v. Times Newspapers Ltd. [1974] A.C. 273.......
  • Kelly v O'Neill
    • Ireland
    • Supreme Court
    • 2 December 1999
    ...JUSTICES 1924 1 KB 256 D V DPP 1994 2 IR 465 Z V DPP 1994 2 IR 476 AG V X 1992 1 IR 1 R V GREY 1900 2 QB 36 KENNEDY & MCCANN, IN RE 1976 IR 382 DPP, PEOPLE V CONROY 1986 IR 460 AG V BBC 1981 AC 303 LONRHO PLC, IN RE 1990 2 AC 154 DESMOND V GLACKIN 1992 ILRM 490 WONG V MIN FOR JUST......
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2 books & journal articles
  • Independence, accountability and the irish judiciary
    • Ireland
    • Irish Judicial Studies Journal No. 1-8, January 2008
    • 1 January 2008
    ...judge. See McDermott, “Contempt of Court and the Need for Legislation” (2004) 4(1) J.S.I.J. 185, 195. 58Refer to Re Kennedy and McCann [1976] I.R. 382. 2008] Independence, Accountability and the Irish Judiciary 15 in certain areas.59 McDermott believes that a failure to legislate in this ar......
  • Criticising judges in Ireland
    • Ireland
    • Irish Judicial Studies Journal No. 1-2, January 2002
    • 1 January 2002
    ...certain groups the trial of persons supporting a political cause has been the subject of strong emotion and 18[1981] I.R. 412, at 440. 19[1976] I.R. 382 20[1987] IR 662, at 2001] Criticising Judges in Ireland 89 condemnation of the process in the Special Criminal Court in a manner which has......

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