Case Reports

The High Court has denied two interlocutory applications taken by Kilkenny County Council. Mr Justice Garrett Simons heard the proceedings as part of a judicial review taken by the Mount Juliet Estates Residents Group against Kilkenny County Council pursuant to the statutory procedure provided for u

A couple who live near a proposed wind farm in Co Galway have lost a legal bid to overturn planning permission for the development in the High Court. Mr Justice David Barniville held that John Rushe and Maire Ní Raghallaigh have failed in their application for judicial review seeking an order

The High Court has found that the District Court was correct in accepting garda evidence on what the garda could see on CCTV footage when the CCTV evidence was subsequently lost. Ms Justice Mary Rose Gearty heard the consultative case stated based on a series of events which began with a car chase t

The Court of Appeal has increased the sentences of four men for armed robbery of a post office. The Director of Public Prosecutions sought a review of each of the sentences imposed on grounds of undue leniency pursuant to s.2 of the Criminal Justice Act 1993.

The High Court has ruled that an application made under Order 28, rule 11 of the Rules of the Superior Courts, commonly referred to as amendments under the “slip rule”, may be heard by a judge sitting in the relevant list, who does not necessarily have to be the judge who originally made

The High Court has ruled that Edmund Honohan SC, the Master of the High Court, erred in extending time for an appeal of a decision of the Circuit Court. Mr Justice Charles Meenan heard the matter by way of an appeal taken by Malcolm Trevor Jones against an Order of the Master of the High Court where

The High Court has found that a house and a watch found inside the house were acquired using the proceeds of crime. Mr Justice Alexander Owens found that the property at 18 Mallin Avenue, Rialto and the watch found in the search of the property are items of property acquired using the proceeds of cr

The Court of Appeal has increased a man’s five-year sentence for manslaughter to seven years following a leniency appeal taken by the DPP. The judges said that, in concluding that the offence is properly placed at the higher end of the medium culpability band, the court does not intend to sugg

The High Court has ruled that a woman suing the National Maternity Hospital must provide it with her medical charts after the hospital lost them. Mr Justice Max Barrett heard the motion for judgment in default of defence in medical negligence proceedings arising out of an ectopic pregnancy.

The High Court has ruled that a woman who cared for her partner in the years before his death should have the benefit of his South Dublin property. Mr Justice Senan Allen heard the application, pursuant to s.194 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, for

Members of the Public Accounts Committee (PAC) have been let out of proceedings taken by a lay litigant against the Committee and Dublin City Council, and the plaintiff’s application for an early trial pursuant to Order 50, rule 2 of the Rules of the Superior Courts has been refused by the Hig

A man who sustained injuries when he collided with racehorses being worked in the Curragh has had his personal injuries claim dismissed in the High Court. Finding that the proximate cause of this “unusual, if not unprecedented, accident” was the man’s failure to keep a lookout when

The Supreme Court has reinstated the original sentence of 10 years' imprisonment imposed in a matrimonial rape case which involved a pattern of abuse, threats to kill, and a violent attack with a hammer. Rejecting the man’s argument that the Supreme Court did not have jurisdiction to review th

A man who was repeatedly stopped and searched under the Justice and Security (NI) Act 2007 has been granted a declaration that the PSNI, in failing to record the basis for searches carried out in 2013, acted in breach of the man’s right to respect for private and family life under Article 8 EC

A woman who was refused international protection in the International Protection Appeals Tribunal, in a decision which stated that she “worked as a prostitute and managed to sustain herself”, has been granted an order of certiorari in the High Court. Remitting the case back to the IPAT f