Case archive

State authority’s decision to award €1.2m public contract had been made in line with fair procedures

A local development company in Connemara, County Galway, failed in a High Court challenge to the decision by a state body to award the entirety of a public contract to another applicant – a development programme that in previous years had been divided into two separate contracts.

26 August 2016

Tipperary farmer loses nuisance claim against nearby mining company

The High Court has dismissed a Tipperary farmer's claim that the mining activities of a nearby company had caused settlement to the surface of some of his 18-acre farmland and damage to adjacent buildings.

25 August 2016

Wicklow man to be extradited to the US for facilitating the distribution of narcotics on an anonymous online black market

The High Court has ordered the extradition of a 27-year-old man from Wicklow to the United States, where he is wanted for various offences in connection to his alleged employment as an administrator for an anonymous online marketplace renowned for providing narcotics and weaponry, which was consequently the subject of an FBI investigation.

24 August 2016

Property developer successfully challenges planning decision regarding €75m South Dublin housing scheme

In an extensive and detailed judgment in the High Court, a Council’s decision to reject the planning application for a major housing scheme in South Dublin has been quashed.

23 August 2016

Strasbourg court rules deportation of Iraqi nationals would violate article 3

In today’s Grand Chamber judgment in the case of J.K. and Others v. Sweden the European Court of Human Rights held, by ten votes to seven, that there would be: a violation of article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights if the order for the applicants’ deportation to Iraq were implemented.

23 August 2016

Bicycle courier awarded €30k in personal injury claim after road traffic accident with Dublin taxi driver

The High Court awarded €30,000 in general damages for injuries sustained by a cyclist as the result of a road traffic accident involving a taxi, while rejecting a majority of the cyclist's claim for special damages.

22 August 2016

High Court: Garda awarded €195,000 for physical and psychological injuries that forced him into early retirement

The High Court has awarded €195,000 to a Garda with 33 years of experience who suffered persistent physical and psychological harm as a result of an assault that occurred in the course of arresting a member of the public.

19 August 2016

Supreme Court: Trial judge did not have jurisdiction to award damages in lieu of specific performance concerning sale of Dublin properties

In this conjoined appeal concerning the sale of properties in Dublin, the Supreme Court vacated the judgement of the High Court which had awarded damages in lieu of a decree of specific performance against the vendor.

18 August 2016

Court of Appeal: Bail granted for murder charged despite the alleged intimidation of key witnesses

The Court of Appeal has overturned a determination by the High Court, and granted bail to a Kilkenny man facing trial for the murder of a woman in 1987. Bail had been initially refused in the High Court amid fears that the accused would intimidate a witness to whom he had previously confessed the murder, with the same witness giving evidence that he had already been subject to threatening behaviour from the appellant and his family.

17 August 2016

High Court: Courts are not a playground for litigants to amuse themselves at will

Amongst a series of superfluous actions brought by two individuals against the State’s tenancies tribunal, the High Court held that the judicial review proceedings were duplicitous, and ordered that the Court should consider limiting the applicants from engaging in future frivolous applications.

16 August 2016

Court of Appeal: Master of a sea fishing vessel fails in bid to overturn €105,000 fine for breaching EU regulations

In Letterkenny Criminal Court, the Master of a sea fishing vessel was found guilty on three counts of breaching EU regulations, and was fined €105,000. In dismissing the appeal, the Court of Appeal rejected the Master’s challenge to the three counts found against him, stating that the trial judge had been fair and reasonable.

15 August 2016

Supreme Court: Equality Tribunal has jurisdiction to investigate historical evidence in discrimination case brought by retired teacher

The Supreme Court dismissed the appeal by County Louth Vocational Education Committee regarding proceedings before the Equality Tribunal concerning an allegation of discrimination on grounds of gender and sexual orientation made by a retired teacher against his former employer, County Louth Vocational Education Committee (VEC).

12 August 2016

High Court: Mareva injunction granted in case of fraudulent conduct by project manager

In the High Court, Mr Justice David Keane has allowed two property companies and their controlling director, to succeed in an interlocutory application for a Mareva injunction – thereby restraining a former employee from "removing from Ireland, disposing of, dealing with or diminishing the value of her assets" in a case of wrongly appropriated funds through fraudulent conduct.

11 August 2016

Tribunal’s procedural unfairness highlighted need for training of judiciary in the needs of the disabled

The Court of Appeal in Northern Ireland has allowed an appeal from the decision of an Industrial Tribunal (IT) which dismissed the claim of a Slovakian national with Asperger’s Syndrome for unlawful racial discrimination, unlawful disability discrimination, victimisation, harassment on grounds of his disability and race, detriment, and unfair dismissal.

10 August 2016

UKSC refers question on marriage status of transgender persons to Luxembourg

The UK Supreme Court has referred the question of whether a Directive on equal gender treatment as regards social security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a person who has changed gender must also be unmarried in order to qualify for a state retirement pension to the Court of Justice of the European Union.

10 August 2016