Ireland

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

District Court: Child guilty of several dangerous driving offences without a licence has detention deferred

District Court: Child guilty of several dangerous driving offences without a licence has detention deferred

A boy who was found guilty of numerous dangerous driving charges involving stolen vehicles, has been given a Deferment of Detention Order in the District Court. In a recently published judgment, Judge John O’Connor stated that, since the child had engaged well recently with his Bail Support and with the Probation Service, it was appropriate […]

High Court refuses to return children wrongfully removed from England as they have become well-settled in Ireland

High Court refuses to return children wrongfully removed from England as they have become well-settled in Ireland

The father of two children who were wrongfully removed from their habitual residence in England in July 2015 has had his application for their return pursuant to The Hague Convention refused in the High Court. Whilst it was accepted that the mother had engaged in subterfuge and concealment in respect of the removal of the […]

High Court: Preliminary issues raised by mother in custody dispute sought to blatantly disregard and defy orders made in US

High Court: Preliminary issues raised by mother in custody dispute sought to blatantly disregard and defy orders made in US

Preliminary issues raised by the mother of a child who was ordered to be returned to the US to live with her siblings and their father, have been rejected in the High Court. Criticising the woman for frustrating the litigation process, Ms Justice Reynolds stated that the reliefs claimed by the woman sought to “undermine […]

High Court refuses to grant AIB summary judgment for guarantee provided by ‘exploited’ partner

High Court refuses to grant AIB summary judgment for guarantee provided by ‘exploited’ partner

Allied Irish Bank has been unsuccessful in its application for a summary judgment for amounts owed under a guarantee provided by the partner of a man who did not explain to her what she was signing. Referring the matter to plenary hearing, Mr Justice Max Barrett stated that the Court could not properly conclude that […]

High Court: Application for adoption finalised in the Philippines to be registered in Ireland refused

High Court: Application for adoption finalised in the Philippines to be registered in Ireland refused

A couple from the Philippines have been unsuccessful in their application to have their 22-year-old niece, adopted by them in 2011, to be registered in the Register of Intercountry Adoptions pursuant to Section 90(2) of the Adoption Act 2010. Refusing the application, Ms Justice Leonie Reynolds stated that the facts of the case had to […]

High Court: Digital rights group has application for preliminary ruling dismissed

High Court: Digital rights group has application for preliminary ruling dismissed

A digital privacy group has had its application for a preliminary ruling on the validity of domestic legislation refused in the High Court. Finding that the issues in the case were too complex to justify proceeding without evidence, Ms Justice Costello dismissed the notice of motion. Background Digital Rights Ireland Limited sought an order setting […]

Court of Appeal: Prison escapee’s return after five years ‘at large’ not unlawful

Court of Appeal: Prison escapee’s return after five years ‘at large’ not unlawful

Overturning a decision of the High Court, a three-judge Court of Appeal has found the arrest and detention of an escapee, five years after “walking out” of an open prison, to be in accordance with the law. Although the prisoner had not made any attempt to conceal his whereabouts throughout this time, and had not […]

High Court: Zurich joined as co-defendants in personal injury proceedings despite plaintiffs’ objections

High Court: Zurich joined as co-defendants in personal injury proceedings despite plaintiffs’ objections

Zurich have been successful in their application to be joined as co-defendants in personal injury proceedings, despite declining to insure the policy holder in the proceedings. Mr Justice Meenan rejected arguments put forward by the plaintiffs’ that there had to be exceptional circumstances for Zurich to be joined against their wishes, and was satisfied that […]

High Court: Challenge to North-South 400 kilovolt Interconnector rejected

High Court: Challenge to North-South 400 kilovolt Interconnector rejected

The pressure group set up to contest the grant of planning approval for 300 pylons from Tyrone to Meath have had their challenge dismissed in the High Court. Dismissing the application which involved 16 reliefs being sought, Mr Justice Max Barrett sympathised with the applicants but stated that the Court was “coerced as a matter […]

High Court: Former member of An Garda Síochána awarded €50,000 for assault on duty

High Court: Former member of An Garda Síochána awarded €50,000 for assault on duty

Pursuant to the An Garda Síochána (Compensation) Act 1941-1945, a former Garda has been awarded €50,000 compensation for injuries sustained while arresting a woman in Dublin in 2003. Sitting in the High Court, Mr Justice Bernard Barton was satisfied that the medical evidence submitted on behalf of the applicant showed that ongoing symptoms were caused […]