State (Attorney General) v Shaw
| Jurisdiction | Ireland |
| Court | High Court |
| Judgment Date | 01 January 1979 |
| Docket Number | [1977 No. 34 SS.] |
| Date | 01 January 1979 |
(H.C.)
State (Attorney General)
and
Shaw
District Court -Jurisdiction - Statute - Invalidity - Severance of enactment - District Court Rules, 1948 (S.R. O. No. 431), r. 67 - Customs, Inland Revenue, and Savings Bank Act, 1877 (40 41 Vict. c. 13), s. 5 - Constitution of Ireland, 1937, Article 50.
Section 5 of the Act of 1877 states that in all prosecutions, suits, or proceedings "at the suit of the Crown" under the Customs Acts the same rule as to costs shall be observed as in proceedings between subject and subject. The phrase "at the suit of the Crown" had not been adapted by the Adaptation of Enactments Act, 1922, or otherwise. Rule 67 of the Rules of 1948 gives a District Justice, in any case of summary jurisdiction, a general power to award costs subject to certain...
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6 cases
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Southern Hotel Sligo Ltd v Iarnród Éireann
...481 and Ex parte Waldron [1986] QB 824 considered; Attorney General v Crawford [1940] IR 335 and The State (Attorney General) v Shaw [1979] IR 136 followed - Rules of the District Court 1997 (SI 93/1997), O 51 - Courts (Supplemental Provisions) Act 1961 (No 39), s 52 - Environmental Prote......
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Health Service Executive (HSE) v A (O)
...1926 r37 DISTRICT COURT RULES 1926 r37(A) DISTRICT COURT RULES 1926 r37(B) CUSTOMS INLAND REVENUE & SAVINGS BANK ACT 1877 S5 AG v SHAW 1979 IR 136 CHILD CARE ACT 1991 S25 CHILD CARE ACT 1991 S25(4) CHILD CARE ACT 1991 S25(5) CHILD CARE ACT 1991 S26(3) CHILD CARE ACT 1991 S3 T (CHILDREN), IN......
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DPP v District Judge Elizabeth McGrath
...in respect of costs of an unsuccessful prosecution were the subject of further consideration in The State (Attorney General) v. Shaw [1979] I.R. 136, where Finlay P. (as he then was) followed Crawford and held that the provisions of the District Court Rules precluded the award of costs agai......
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Blake v Attorney General
...v. The Attorney General [1970] I.R. 317. 34 Maher v. The Attorney General [1973] I.R. 140. 35 State (Attorney General) v. Shaw [1979] I.R. 136. 36 King v. The Attorney General [1981] I.R. 233. Constitution - Statute - Validity Landlord and tenant - Rent and recovery of possession restricted......
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