Gillian O'Hanlon BL

The High Court has confirmed that no power to detain a driver pending the result of a roadside saliva drug test can be implied into the Road Traffic Act 2010. Delivering judgment for the High Court, Mr Justice Garrett Simons found that “the fact that, within the very same Act, the Oireachtas h

The High Court has determined that the Minister for Justice and Equality unlawfully fettered her discretion to extend time to lodge an appeal against the refusal of a visa application. Delivering judgment for the High Court, Mr Justice Anthony Barr held that “it is clear that the Minister cann

The High Court has determined that a sportsman involved in a road traffic accident is entitled to a €63,000 award where he could no longer fully participate in the sporting activities which he enjoyed prior to the accident Delivering judgment for the High Court, Mr Justice Mark Heslin commented

The High Court has determined that the expiry of a 12-month probationary period marked the promotion of a civil servant to a more senior position Delivering judgment for the High Court, Mr Justice Garrett Simons found that any “interpretation of Section 7 of the Civil Service Regulation Act 19

The Court of Appeal has dismissed an appeal against a High Court decision refusing to re-enter application for leave where the factual and legal background had changed. Delivering judgment for the Court of Appeal, Mr Justice O’ Moore determined that the application sought “to restrain pa

The Court of Appeal has dismissed a Cork hotel’s appeal against a €91,000 general damages award to wedding guest who slipped and fell on a wet dancefloor. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan opined that in the absence of evidence concerning any system of

The High Court has determined that administrators ad litem appointed for the purpose of substantiating proceedings simply provide a defendant who can be sued, and are not obliged to take active steps in defence of the action. Delivering judgment for the High Court, Ms Justice Siobhan Stack commented

The Court of Appeal has determined that a party to a marriage of convenience was not entitled to an oral hearing prior as of right. Delivering judgment for the Court of Appeal, Ms Justice Aileen Donnelly determined that where no conflicts of evidence were found the information before the Minister, a

The High Court has refused to remit a matter for fresh consideration to the Information Commissioner on the basis that a dispute as to whether the Commissioner erred was still live. Delivering judgment for the Court of Appeal, Mr Justice Garrett Simons determined that a distinguishing feature of the

The Court of Appeal has dismissed the appeal of a hotelier convicted of rape who claimed that his legal team did not perform in accordance with his instructions, depriving him of a trial in due course of law.  Delivering judgment for the Court of Appeal, Mr Justice George Birmingham commented t

The Court of Appeal has upheld the sentence imposed on a minor for sexual offences, notwithstanding the result that he would serve the last part of his detention in an adult prison. Delivering judgment for the Court of Appeal, Mr Justice John Edwards stated that “to engineer a situation where

The High Court has determined that leave granted to bring judicial review proceedings concerning Kilkenny wind farm must be set aside. Delivering judgment for the High Court, Mr Justice Humphreys warned that “one can only encourage people not to leave it until the last day to try to institute

The High Court has determined that a strict liability tax offence concerning the sale of tobacco is not unconstitutional, despite removing the discretion of the trial judge to apply s.1(1) of the Probation of Offenders Act 1907. Delivering judgment for the High Court, Mr Justice Oisín Quinn c

The High Court has affirmed a decision of the Circuit Court to grant a planning injunction sought by the neighbour of the first respondent. Delivering judgment for the High Court, Mr Justice Michael Twomey stated: “While there will be hardship to Mr Hogan... when a planning injunction is sough

The Supreme Court has confirmed that that a five-point test applies in respect of identifying whether contracts are ‘contracts of service’ or ‘contracts for service’. Delivering judgment for the Supreme Court, Mr Justice Brian Murray cautioned that the judgment did not bind a