Killian Flood BL

The High Court has refused an “innovative motion” to decide EU law points in a planning application despite the court already having quashed the decision on domestic law grounds. In Balscadden Road SAA Residents Association Ltd. v. An Bord Pleanála (No. 1) [2020] IEHC 586, the cou

The High Court has rejected an applicant’s submissions that he was unlawfully remanded in custody by a Circuit Court judge for a hearing to revoke a suspended sentence. The court considered the terms of s.99(17) of the Criminal Justice Act 2006 as amended and ruled that a court has an inherent

The High Court has granted an order of certiorari against the Minister for Business, Enterprise and Innovation’s refusal to consider an employment permit application for a non-EU national. The key question in the case was whether the applicant was entitled to be considered for an employment pe

The Court of Appeal has rejected an appeal brought by the Minister for Education that she had acted unlawfully by refusing to assess two home-schooled students for calculated grades during the 2020 Leaving Certificate. The court held that it was unreasonable and disproportionate for the Minister to

The High Court has ruled that an insolvent debtor was not entitled to a new protective certificate under the Personal Insolvency Acts 2012-2015 after he had benefitted from an invalid protective certificate within the previous 12 months. It was claimed by the debtor that the impugned certificate was

The Court of Appeal has increased the award of damages for a plaintiff who was hit by a car to €372,000. The plaintiff had appealed the decision of the High Court, which had awarded her with €265,000 after it was determined that she was 45 percent liable for the accident. On Friday, Mr Jus

The Court of Appeal has upheld a High Court decision to refuse leave in judicial review proceedings which challenged the constitutionality of the Covid-19 lockdown in Ireland. The court was highly critical of the case made by the appellants, stating that the proceedings were “tendentious&rdquo

The High Court has refused an application for judicial review brought by a student who sought to challenge his results from the 2020 Leaving Certificate. The student had been downgraded from the predicted results provided by his teachers and he claimed that he had missed his preferred course in univ

The High Court has granted an application for security for costs against an impecunious company suing for €228,000. The company was ordered to pay 80 percent of the defendant’s costs, which were estimated at €231,000. In delivering the judgment, Mr Justice Michael Twomey was highly c

The High Court has refused an application to increase a compensation award for a boy who developed narcolepsy and cataplexy after receiving the swine flu vaccine. The court had previously approved the general terms of a settlement agreement in November 2020 between the boy and the defendants, but th

The High Court has dismissed a bankrupt’s application to show cause against his adjudication after he refused to attend a remote hearing despite being at his computer and sending emails to the court. The court also granted an application by the Official Assignee to extend the period of bankrup

The High Court has upheld a complaint against Danske Bank for mis-selling a mortgage to a couple. The bank had appealed a decision of the Financial Services and Pensions Ombudsman who had found that the Bank had not properly informed the complainants of the effect of taking out a new mortgage and fa

The High Court has granted summary judgment against a defendant for €11 million despite the summons and grounding affidavit containing inadequate particulars of the debt. The court held that the defendants had exhibited a detailed statement of account which was already in their possession at th

The High Court has refused an application by Revenue to declare that the receivers to a company failed to properly discharge monies from the winding up of a company. It was held that the receivers were entitled to repay loans which were taken out to fund the receivership ahead of the preferential cr

The High Court has granted an order for post-accident discovery of a plaintiff’s medical records in a personal injuries action and reaffirmed the position that post-accident discovery may be granted in line with the usual rules of discovery. In making the order, the court clarified the decisio