Case archive

Contaminated horse feed case allowed to proceed to trial despite inordinate and inexcusable delay

The Court of Appeal has allowed a case concerning contaminated horse feed to proceed to trial despite the inordinate and inexcusable delay of the plaintiff, finding that the balance of justice did not favour the dismissal of the proceedings.

9 December 2015

Costs orders against District Judge to be remitted to High Court

of the Respondent at this time”.

8 December 2015

Suspension on DIT campus contract lifted

The High Court has lifted an automatic suspension which had prevented the National Treasury Management Agency and Minister for Education and Skills from concluding a contract for the construction of a new DIT campus at Grangegorman.

7 December 2015

Teen with personality disorder to be released from involuntary detention

A young woman suffering from a borderline emotionally unstable personality disorder has been found to have legal capacity to make decisions about her own care and is to be released from involuntary detention in a heath facility in Scotland and returned to Ireland.

4 December 2015

Judicial review refused in human trafficking asylum case

A woman who sought judicial review of a decision of the Refugee Applications Commissioner on the grounds the Commissioner did not have regard to her status as a victim of human trafficking has had her application refused.

3 December 2015

NI woman knowingly abandoned appeal against murder conviction

A woman convicted of the murder of two individuals has had her application to nullify the abandonment of her appeal in respect of one of the murders rejected.

2 December 2015

NI law on abortion found incompatible with human rights

The High Court in Northern Ireland has found that the outright ban on abortion breaches Article 8 of the European Convention on Human Rights, in that it denies women and girls who are victims of rape and incest, as well as those suffering from fatal foetal abnormalities access to legal abortions.

1 December 2015

Guinness pension dispute allowed to proceed

A former employee of Guinness is to be allowed to continue with his case against the company – in which he claims certain assurances made about his pension arrangements have not been honoured.

30 November 2015

Man loses appeal against extradition for conspiracy charges

A man has lost his appeal to the Supreme Court against an order for his surrender to the United Kingdom authorities under the European Arrest Warrant procedure.

27 November 2015

Court refuses to declare sections of Fire Arms Act unconstitutional

The High Court has refused to grant a declaration sought by an applicant who had challenged s.27C(4) of the Firearms Act 1964 as unconstitutional, due to its precluding his temporary release from prison in order to pursue a course of study.

26 November 2015

Environmental Impact Assessment required for peat and biomass power plant

The High Court has found that an environmental impact assessment is required into the environmental effects of extracting peat as a fuel source for a thermal power plant, before planning permission can be granted for the plant.

25 November 2015

Dunnes planning permission challenge an abuse of process

The High Court in Dublin has found that Dunnes Stores’ application for the judicial review of a retention permission granted by An Bord Pleanála amounted to an ‘abuse of process’, as the primary aim of the application was not to challenge the permission’s legality, but to secure an advantage in an ongoing contractual dispute between Dunnes, Deerland Construction Limited, and National Asset Loan Management Limited.

24 November 2015

Man not legal “father” under Guardianship of Infants Act

The Court of Appeal has found that the High Court incorrectly granted itself jurisdiction under the Guardianship of Infants Act 1964 when ordering a father to make additional payments to the mother of his children to cover her legal fees in an ongoing legal dispute over the maintenance of their children.

23 November 2015

Donegal dangerous driving sentence “unduly lenient”

The Court of Appeal has found that the initial sentence given to a Donegal man in respect of the most serious incident of dangerous driving in Ireland’s history was “unduly lenient”.

19 November 2015

Authorisation of ‘drink driving’ checkpoints at multiple locations held legal

The High Court has ruled that the establishment of fourteen drink driving checkpoints was valid, following a challenge from an individual charged with drink driving.

18 November 2015