State (Hegarty) v Winters
| Jurisdiction | Ireland |
| Court | Supreme Court |
| Judgment Date | 01 January 1958 |
| Date | 01 January 1958 |
S.C.
The State (Hegarty)
and
Winters
Award - Setting aside of award - Misconduct of arbitrator - Arbitrator viewing land - Only one party to dispute present -Acquisition of Land (Assessment of Compensation) Act, 1919 (9 10 Geo. 5, c. 57), s. 3 - Certiorari and mandamus.
C. entered on the lands of H.to do certain works which C. was empowered by statute to do As a result of such works, damage was caused to H's land. An arbitrator was appointed by the Land Values Reference Committee under the provisions...
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30 cases
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Anthony Connor v DPP
...to have and which they aim to use for the purpose of aiding them in reaching a determination.” 14 The case of State (Hegarty) v Winters [1956] IR 320 addresses a lack of equality of treatment between the parties in the conduct of a site visit. There, an arbitrator decided to visit the lands......
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Geraghty v Rohan Industrial Estates Ltd
...issue, upon the appropriate form or quantum of compensation prior to the making of his final award. The State (Hegarty) v. WintersIR [1956] I.R. 320 applied. Upon appeal by the defendant it was Held by the Supreme Court (Finlay C.J., Hederman and McCarthy JJ.), in allowing the appeal and re......
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Peter Farrelly v District Judge Anne Watkin &
...having been so conducted. 45 In this regard the relevant test is that formulated by the Supreme Court inThe State (Hegarty) v. Winters [1956] I.R. 320 where at p.336 Maguire C.J. stated:- "The action of the arbitrator in going upon the lands the subject-matter of the arbitration might, in t......
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Tobin Twomey Services Ltd v Kerry Foods Ltd (No.2)
...or gave rise to a perception of bias. Much emphasis was laid on the decision of the Supreme Court in The State (Hegarty) -v- Winters, [1956] I.R. 320 and the statement in the judgment of Maguire C.J. at page 336 that the fundamental rule is that in an arbitration it is necessary not alone ......
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