Case archive

High Court: Convicted paedophile facing extradition to US loses application to be tried in Ireland

A man who was arrested pending extradition to the US upon his release from a term of imprisonment for child sexual assault and child pornography convictions in Ireland, has lost an application for judicial review in which he sought to be prosecuted in Ireland for offences investigated in the US.

High Court in Ireland — 30 October 2018

High Court: Injurious and harmful consequences outweigh public interest in ordering woman’s extradition to US

The ‘truly exceptional’ personal and family circumstances of a mentally-ill woman have been found to outweigh the public interest in her extradition to the US, where she faces five alleged offences of drug trafficking and money laundering.

High Court in Ireland — 26 October 2018

Supreme Court: District Court judge misconstrued Cullen principles in finding drink-driving arrests unlawful

Three men who were handcuffed when they were arrested on suspicion of separate drink-driving offences have lost their appeal to the Supreme Court regarding the lawfulness of their arrest.

Supreme Court in Ireland — 25 October 2018

Court of Appeal: Man granted injunction restraining IPAT from hearing appeal pending outcome of test case

A man has been granted an injunction restraining the International Protection Appeals Tribunal (IPAT) from further processing his appeal against the refusal of his applications for refugee status and subsidiary protection, which were examined by a contractor

Court of Appeal in Ireland — 24 October 2018

Divisional Court: Application for injunction to restrain use of Boston Tapes dismissed

A man who provided interviews in the “Boston Tapes” project documenting paramilitary involvement in Northern Ireland during the Troubles has had his application for an injunction restraining their use by the PSNI dismissed by the Divisional Court.

High Court in Northern Ireland — 23 October 2018

Supreme Court: Judge infringed fair procedures in determining issue not specifically pleaded

The question of vires has been remitted to the High Court for re-argument in judicial review proceedings. Finding that, although alluded to, the specific argument of vires had not been raised in the High Court, Mr Justice John MacMenamin said that the High Court judge’s determination that the Minister for Education and Skills had acted ultra vires s. 15(6) of the Vocational Education Committee (Amendment) Act 2001 was a ‘mischance’ amounting to a departure from fair procedures.

Supreme Court in Ireland — 22 October 2018

Supreme Court: Managing director does not have right to represent company in Court

The managing director and principal shareholder of a fishing company has been unsuccessful in challenging the rule that, in the absence of exceptional circumstances or otherwise provided by statute, companies must be represented by lawyers with a right of audience in court proceedings.

Supreme Court in Ireland — 19 October 2018

Court of Appeal: Man who stabbed victim in the eye must return to prison as sentence is increased

A 21-year-old man who stabbed a victim in the eye at a New Year’s Eve party in 2014, and went on to assault another victim nine months later, has had his unduly lenient sentence increased in the Court of Appeal.

Court of Appeal in Ireland — 18 October 2018

High Court: Legal Aid Board’s decision to refuse payment of legal expenses was ultra vires

A man who was refused payment of his legal fees under the Legal Aid Custody Issues Scheme has been granted an Order of certiorari, quashing the decision of the Legal Aid Board.

High Court in Ireland — 17 October 2018

Court of Appeal: Pearse Jordan’s mother fails in bid to appeal inquest

The mother of Patrick Pearse Jordan, who was 22 years old when he was fatally shot by a member the RUC in Belfast in 1992, has lost an appeal against the refusal to grant leave to apply for judicial review of the latest inquest into his death.

Court of Appeal in Northern Ireland — 16 October 2018

High Court: Involuntary statement made under Road Traffic Act is admissible in evidence

In response to three questions referred to the High Court in relation to the admissibility of an involuntary statement made pursuant to s. 107(4) of the Road Traffic Act 1961, Mr Justice Donald Binchy has concluded that a statement made by an accused person in response to a demand made by a garda pursuant to s. 107 is admissible in subsequent criminal proceedings”.

High Court in Ireland — 15 October 2018

High Court: Irish Countrywomen’s Association acted in breach of its Constitution

Six members of the Irish Countrywomen's Association (ICA) have been granted relief in the High Court in relation to serious procedural irregularities in its 2018 election which they said were in breach of the Constitution of the ICA.

High Court in Ireland — 12 October 2018

Supreme Court: Risk to rights not substantiated in man's challenge to European Arrest Warrant

A man whose surrender is sought by the United Kingdom on foot of a European Arrest Warrant has not shown that there is a substantial risk to his rights in view of Brexit.

Supreme Court in Ireland — 11 October 2018

Supreme Court: Bakery's refusal to supply cake iced with ‘Support Gay Marriage’ not discriminatory

The Supreme Court has ruled that a bakery's refusal to supply a cake iced with the message ‘Support Gay Marriage’ was not discriminatory on the grounds of sexual orientation, as the refusal was based on the message and not to any particular person.

UK Supreme Court in United Kingdom — 10 October 2018

High Court: Minister erred in law when refusing to renew employment permit for chef

The Minister for Business, Enterprise and Innovation must reconsider an application to renew an employment permit which was refused because it had been submitted eight days after the previous year’s permit had lapsed.

High Court in Ireland — 8 October 2018