Case archive

Supreme Court: Man granted leave to appeal ruling that he should have exhausted statutory remedies prior to seeking judicial review

A man with multiple sclerosis whose application for disability allowance was refused on the basis that he was not resident in the State has been granted leave to appeal to the Supreme Court.

Supreme Court in Ireland — 19 July 2019

High Court: Minister does not have discretion to allow six-week absence period in citizenship cases

A man whose application for citizenship was rejected because he spent 100 days outside the State in the year prior to his application has lost an application for judicial review of the decision in the High Court.

High Court in Ireland — 18 July 2019

Supreme Court: Disclosure of documents in personal injury claim not disproportionate

The Supreme Court has overturned a finding that a significant proportion of discovery sought by a man in personal injury proceedings against the Minister for Defence was premature.

Supreme Court in Ireland — 17 July 2019

High Court: State has constitutional duty to make reasonable efforts to assign an Irish-speaking judge

A man who sought to have his trial for criminal damage conducted in Irish, and to have this facilitated by an Irish-speaking judge, has been granted an order of certiorari quashing a District Court judge’s refusal to grant his application for an Irish-speaking judge to be assigned to his case.

High Court in Ireland — 16 July 2019

High Court: Judicial review proceedings brought by man removed from State dismissed as an abuse of process

A man who brought judicial review proceedings challenging the decision to affirm a removal order made against him and an exclusion period of ten years has had his proceedings dismissed as an abuse of process.

High Court in Ireland — 15 July 2019

High Court: Decision to grant planning permission for large-scale Blackrock development overturned

The decision to grant planning permission for a large-scale housing development in Blackrock, Co Dublin, has been set aside in the High Court.

High Court in Ireland — 12 July 2019

High Court: Man left with €190,000 liability in fraudulent conveyance loses case against Law Society

A man who took out a €190,000 mortgage to purchase property which he mistakenly believed to be in the ownership of a solicitor in 2008 has had his application for judicial review dismissed in the High Court.

High Court in Ireland — 11 July 2019

Court of Appeal: John Downey loses appeal against order for his surrender to Northern Ireland

A man accused of offences relating to a car bomb in 1972 which killed two members of the UDR has lost an appeal against an order for his surrender on foot of a European Arrest Warrant.

Court of Appeal in Ireland — 10 July 2019

High Court: School loses appeal against finding that teacher was unfairly dismissed

A school has lost its appeal against the finding that a teacher who signed a “fixed term” contract two years after she began teaching in the school was unfairly dismissed when her contract was terminated.

High Court in Ireland — 9 July 2019

Court of Appeal: Brother of murdered boy had legitimate expectation independent report into collusion would be completed

The Chief Constable of the PSNI has lost an appeal against the decision that the brother of a 13-year-old boy who was murdered in 1976 had a legitimate expectation that an overarching investigation into collusion would be carried out by an independent police team.

Court of Appeal in Northern Ireland — 8 July 2019

Supreme Court: Property developer wins appeal against summary judgment granted against him

A property developer who was ordered to pay €76K to a firm of solicitors on foot of a summary summons for professional fees owed has successfully appealed the summary judgment granted against him in the High Court in 2013. Finding that the trial judge erred in concluding that two of the issues raised as possible defences to the claim were not arguable defences, Mr Justice Michael Peart allowed the appeal and directed a plenary hearing on the basis of those two issues only.

Supreme Court in Ireland — 5 July 2019

High Court: Arbitrator should have referred ESB’s question regarding double compensation to the High Court

The Electricity Supply Board have been granted an order directing a property arbitrator to state a case on a point of law to the High Court. Finding that the question raised by ESB regarding landowners being “doubly compensated” for the construction of electric lines was a "real and significant issue" of such importance that its resolution was necessary for the proper determination of the case, Mr Justice Michael Twomey said the arbitrator should have referred the point of law to the court.

High Court in Ireland — 4 July 2019

Supreme Court: €100,000 negligence claim against Tallaght Hospital not statute barred

A man who was awarded €96,403 in personal injury proceedings against Tallaght Hospital has had his award upheld by the Supreme Court. The hospital argued that the claim was statute barred in circumstances where the hospital’s omission to carry out a CT scan occurred in 2007, and the personal injury proceedings were commenced in 2012. Delivering the leading judgment of the Court, Mr Justice Peter Charleton said that the limitation period was “delayed in the exceptional circumstances of this plaintiff being given, in good faith and on the basis of a professional assessment, an incorrect set of facts in consequence of taking the reasonable step of consulting expert medical advice” in 2009.

Supreme Court in Ireland — 3 July 2019

High Court: Woman who is alleged to have taken part in serious assault when she was 15 fails to halt criminal proceedings

A woman who was fifteen when she is alleged to have been involved in a violent attack in which a seventeen-year-old boy was stabbed and beaten, has failed to halt the further prosecution of criminal charges pending against her. Finding that there was no culpable or blameworthy prosecutorial delay, Mr Justice Garrett Simons dismissed the judicial review proceedings in their entirety.

High Court in Ireland — 2 July 2019

High Court: Man convicted of sexual assault within a year of moving to Ireland loses challenge to removal order

A man convicted of sexually assaulting a woman who was sleeping at a house party has lost his challenge to the decision taken by the Minister for Justice and Equality to make a removal order against him in addition to imposing on him a five year exclusion period. The man had moved to Ireland in 2005 and committed the assault in 2006, after which he returned to Poland and only came back to Ireland when a European Arrest Warrant was issued against him in 2012. Finding no error with the Minister’s decision, Mr Justice David Keane also rejected the argument that the Regulations were in breach of the man’s right to appeal.

High Court in Ireland — 1 July 2019