Case Reports

The State has been unsuccessful in its application to prevent a challenge to planning permission granted by An Bord Pleanala for the development of a quarry in Donegal. The State argued that the challenge amounted to an impermissible collateral attack on an earlier decision by Donegal County Council

In a judgment criticising affidavit evidence lodged by the Chief Constable of the PSNI for being “contradictory and unsatisfactory” in relation to the availability of documentation sent to the Police Ombudsman in the Ballast Report investigation, the Court of Appeal in Belfast held that the PSNI

A prisoner who suffered broken bones in his neck and back in a road traffic accident, and who allegedly missed hospital appointments in relation to the same, has had his application for judicial review refused in the High Court. Finding that the prison medical team had not been informed of the appoi

Applicants who were unsuccessful in their challenge to the planning approval for 300 pylons from Tyrone to Meath, have been denied leave to appeal the decision to the Court of Appeal. Criticising the applicants for protracting the proceedings with an overly optimistic application under s.50A(7) of t

The Minister for Public Expenditure and Reform has been granted an order lifting the automatic suspension of the execution of a contract for interpretation services with a third party, which was imposed by European Regulations as a result of a challenge by an unsuccessful tenderer for the public con

A mother and her five children who were refused continued emergency accommodation, and whose application for housing was deferred for a one-year period, have been unsuccessful in applying for an order quashing the decisions of Galway County Council. Finding that the applicants were not entitled to t

A PSNI officer convicted of perverting the course of justice after he admitted to crashing his car while over the limit and then attempting to cover it up by making the car look as though it had been stolen has lost his appeal against his conviction. The man was sentenced to six months imprisonment

A man who had his custodial sentence reduced from ten-months to six-months, with a further four-months suspended for a period of five years, has lost his appeal against his sentence in the High Court. Finding that the Circuit Court judge did not err in his judgment, Mr Justice Max Barrett refused al

A businessman whose premises were searched by the Gardaí on foot of a search warrant in 2014, has had his appeal dismissed in the Court of Appeal. The man had been refused an order for discovery of the relevant information in the High Court as he was not entitled to such, and the Court of Appeal up

The term "spouse" includes a spouse of the same sex for the purposes of European free movement, even in member states whose laws do not provide for same-sex marriage, according to Advocate General Melchior Wathelet. Although member states are free to authorise marriage between persons of the same se

A man who fractured his shoulder when he tripped on a stone block projecting from the Luas Bridge has been awarded €67,500 for disability and loss of function to his right arm. Declining to make any finding of contributory negligence on the part of the plaintiff, Mr Justice Barr awarded €40,000

An Garda Siochana Ombudsman Commission (GSOC) has been successful in an application for judicial review, quashing an order for costs against it made in Sligo District Court in 2013. In the High Court, Ms Justice O’Regan found that GSOC was not a party to the proceedings in the District Court, as i

A mother and her three children who arrived in Ireland in 2007, and who were deported to Nigeria in 2011 after a failed refugee status claim and an unsuccessful subsidiary protection application, have lost their appeal in the Supreme Court. The applicants sought to challenge a 2012 High Court ruling

in it by being complicit with another in the formulation of a strategy to withhold full information from persons entitled to it, and in the discounting of moral and ethical concerns in the consideration that was given to a particular proposed course of action”. Considering Article 40.6.10 of the

Cork Institute of Technology has been granted an order of certiorari in the High Court, quashing the decision of the State to refuse to recognise certificates of proficiency granted under the authority of a UK approved maritime agency. Criticising the State and finding that the refusal was contrary