A.S. v R.B.

JurisdictionIreland
Judgment Date01 January 1984
Date01 January 1984
Docket Number[1981 No. 8350P]
CourtHigh Court
(H.C.)
A.S
and
R.B

Evidence admissible to prove paternity - Evidence of wife that child not the child of the marriage - Whether admissible - Rule in Russell v. Russell - Whether part of the common law of Ireland - Whether incompatible with the provisions of the Constitution -Constitutional entitlement to fair procedures -Obligations of the Registrar of Births and Deaths - Constitution of Ireland, 1937, Arts. 34.1, 38.1, 40.3, 50 - Registration of Births and Deaths (Ireland) Act, 1863 (c. 11) - Births and Deaths Registration Act (Ireland), 1880 (c. 13), s. 7 -Guardianship of Infants Act, 1964 (No. 7), ss.6(4), 11(4).

A.S., the first named plaintiff, wife of the first named defendant (W.S.), sought an order declaring that the second named plaintiff (R.B.) with...

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16 cases
  • O.R v an tArd Chláraitheoir
    • Ireland
    • Supreme Court
    • 7 November 2014
    ...semper certa est as an irrebuttable presumption is consistent with fair procedures under the Constitution. The judgment of O'Hanlon J. in S. v. S., relating to the irrebuttable presumption in certain cases relating to paternity within marriage, is ample authority to enable the court to conc......
  • W v W
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    • Supreme Court
    • 1 January 1993
    ...v S [1984] ILRM 86. T O’G v Attorney General [1985] ILRM 61. Gray v Formosa [ 1963] P 259. Lord Advocate v Jaffrey [1921] 1 AC 146. S v S [1983] IR 68. AS v RB, WS and Registrar General [1984] ILRM 66. Spaight v Dundon [1961] IR 201. State (Director of Public Prosecutions) v Walsh [1981] IR......
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    ...HEALTH BOARD & ORS 1997 3 IR 511 1998 1 ILRM 241 1998/7/1838 CONSTITUTION ART 40.1 S (A) & v S (W) & REGISTRAR GENERAL OF BIRTHS & DEATHS 1983 IR 68 1984 ILRM 66 1983/4/1063 RUSSELL v RUSSELL 1924 AC 687 CONSTITUTION ART 37 STATUS OF CHILDREN ACT 1987 S35 STATUS OF CHILDREN ACT 1987 S35(1......
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    ...1973 IR 238 MURPHY v DUBLIN CORP & MIN FOR LOCAL GOVT 1972 IR 215 1973 107 ILTR 65 S (A) & v S (W) & REGISTRAR GENERAL OF BIRTHS & DEATHS 1983 IR 68 1984 ILRM 66 1983/4/1063 BLEHEIN v MIN FOR HEALTH & ORS 2009 1 IR 275 2008 2 ILRM 401 2008/3/594 2008 IESC 40 PESCA VALENTIA LTD v MIN FOR FIS......
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