Case Reports

Stating that "the chilling effect on privacy and the rights of free expression and association by actual, feared and mandatory surveillance cannot be underestimated", Mr Justice Tony O’Connor has found that sections of the Communications (Retention of Data) Act 2011 are inconsistent with EU la

Two Athenry residents who object to the planning permission granted by An Bord Pleanála for development of an Apple data centre and associated grid connection have been permitted to argue both for the position adopted in the High Court that there is an obligation to carry out a full EIA on th

A woman who brought a personal injury claim against Dunnes Stores, where she worked as a sales assistant when she fell from the second step of a ladder in 2014, has had her claim dismissed in the High Court. Finding that the woman's testimony was "fundamentally undermined" by CCTV footage shown in C

A convicted murderer who argued that the judge in his trial should have given an accomplice warning to the jury in relation to evidence from one of the key prosecution witnesses has lost his appeal to the Supreme Court. Dismissing the appeal, Mr Justice Peter Charleton said that the decision no

A man who was convicted on several counts of serious offences including rape is entitled to receive €10,000 compensation after the statutory provision which allowed his state pension to be withheld was declared unconstitutional. The Supreme Court said that he was not automatically entitled to d

An application by two retired police officers challenging the Police Ombudsman’s report into the Loughinisland massacre has been dismissed in the High Court. Emphasising the independence of the office of the Police Ombudsman for Northern Ireland and its obligation to investigate, Mrs Justice S

Parents who lost custody of three of their children pursuant to wardship and return orders made in England and enforced by orders of the High Court have successfully appealed against a later decision which held that their right to appeal was out of time. Stating that purported service of the notice

A man who entered the state illegally in 2004, and made over €30,000 in false welfare claims prior to acquiring Romanian nationality in 2016, has had his application for judicial review refused in the High Court. Refusing to quash the removal and exclusion orders made against him, Mr Justice Ma

A 68-year-old man who was knocked off his bicycle when he attempted to enter an access road from a pedestrian pathway has had his claim for personal injuries dismissed. Concluding that the real and proximate cause of the accident was the man's use of the pedestrian pathway as a cycleway and his fail

A woman who had her application for criminal injury compensation refused due to the "same household rule" has succeeded in the Northern Ireland Court of Appeal. Dismissing the cross-appeal brought by the Department of Justice, the Court said that there was "no justifiable, rational or lawful ground

The Minister for Justice and Equality must reconsider a family reunification case after the High Court found six key administrative law deficiencies in the decision-making process. Two children, residing in Ethiopia with their elderly father, submitted applications for "join family" visas so that th

A man who was refused permission to land at Dublin Airport based on the finding by an immigration officer that he was coming to Ireland to enter a "marriage of convenience" has been refused all reliefs sought in the High Court. Finding that the Oireachtas clearly contemplated that a search done purs

A co-parenting father-of-three who was assessed by Dublin City Council as a single person household needing a one-bedroom unit has had his application for judicial review dismissed in the High Court. In its decision-making process the Council considered, inter alia, the "under-utilisation of its hou

A man sought by Polish authorities under a European Arrest Warrant (EAW) can be surrendered despite systemic and generalised deficiencies in the courts of Poland presenting a risk to the fundamental right to a fair trial being breached, the High Court has ruled. Following a referral to the Court of

A man who sought to set aside the judgment and order of the Court of Appeal, alleging that Senior Counsel for the receiver misled the Court in relation to the admission of new evidence granted in an earlier hearing, has had his application refused by the Court of Appeal. Stating that it was regretta