Ireland

The latest news in the legal profession in the Republic of Ireland

High Court: Application to appeal North-South interconnector judgment fails

High Court: Application to appeal North-South interconnector judgment fails

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 the Planning and Development Act 2000, Mr Justice Max […]

High Court ‘coerced as a matter of law’ into granting summary judgment against elderly farmer

High Court ‘coerced as a matter of law’ into granting summary judgment against elderly farmer

Allied Irish Banks plc have been granted summary judgment in the High Court for €126,195 (plus interest and costs) pursuant to a personal guarantee signed by an elderly farmer in 2010, providing a surety for his son’s loans. Urging the bank to pursue its enforcement in a manner “informed and tempered” with regard to the […]

High Court lifts suspension of awarding state contract imposed pending outcome of proceedings

High Court lifts suspension of awarding state contract imposed pending outcome of proceedings

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 contract. Mr Justice Noonan was satisfied that […]

High Court: Galway Council did not breach rights of family refused emergency accommodation

High Court: Galway Council did not breach rights of family refused emergency accommodation

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 the reliefs sought, Ms Justice O’Regan was satisfied that […]

High Court: Circuit Court judge did not exceed jurisdiction in ordering lengthy suspended sentence

High Court: Circuit Court judge did not exceed jurisdiction in ordering lengthy suspended sentence

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 all reliefs sought by […]

Court of Appeal: Businessman loses appeal for discovery of information grounding search warrant

Court of Appeal: Businessman loses appeal for discovery of information grounding search warrant

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 […]

High Court: Man who tripped under the Luas Bridge awarded €67,500

High Court: Man who tripped under the Luas Bridge awarded €67,500

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 for pain and suffering […]

High Court: Order for costs against Garda Ombudsman Commission quashed

High Court: Order for costs against Garda Ombudsman Commission quashed

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 it was clear that […]

Supreme Court: Applicants repatriated to Nigeria were not denied effective remedy

Supreme Court: Applicants repatriated to Nigeria were not denied effective remedy

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 which refused to grant them […]

Court of Appeal: Irish Independent loses appeal against finding of contempt

Court of Appeal: Irish Independent loses appeal against finding of contempt

The Irish Independent has been unsuccessful in appealing a finding of contempt of court in publishing material that was calculated to create a real risk of an unfair trial. Delivering leading judgment of the Court of Appeal, Mr Justice John Edwards, with whom Ms Justice Finlay Geoghegan concurred, dismissed the appeal against the conviction – […]