Ireland

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

High Court: Dublin Airport Authority’s failure to comply with planning condition was genuine mistake

High Court: Dublin Airport Authority’s failure to comply with planning condition was genuine mistake

A group of residents, who sought declarations that work carried out by Dublin Airport Authority in preparation for a new runway was unauthorised development, have lost their application in the High Court. Sympathising with the applicants’ concerns, Mr Justice Max Barrett accepted that removal of asbestos from the site was carried out a number of […]

Supreme Court: Property developer loses appeal against order for specific performance and damages

Supreme Court: Property developer loses appeal against order for specific performance and damages

A property developer who had an order of specific performance and damages in excess of €300,000 made against him has lost his appeal to the Supreme Court. Delivering the unanimous judgment, Ms Justice Iseult O’Malley was satisfied that the trial judge had not erred on the facts or the law; and held that where all […]

Court of Appeal: Refugee Appeals Tribunal breached European Regulations by not evaluating all relevant documents

Court of Appeal: Refugee Appeals Tribunal breached European Regulations by not evaluating all relevant documents

An asylum seeker who had adverse credibility findings against him in the Refugee Appeal Tribunal has been granted an order of certiorari, quashing the Tribunal’s decision. Overturning the decision of the High Court to uphold the Tribunal’s findings, the Court of Appeal found that, in making an assessment as to credibility based upon some of […]

Court of Appeal: Applicant was not afforded fair procedures by Refugee Appeals Tribunal

Court of Appeal: Applicant was not afforded fair procedures by Refugee Appeals Tribunal

A woman who was refused refugee status after a papers-only appeal to the Refugee Appeals Tribunal, has successfully appealed the tribunal’s findings. Allowing her appeal, and refusing the State’s cross-appeal, Mr Justice Michael Peart found that the woman had not been afforded the opportunity to respond to concerns raised by the tribunal as to the […]

High Court: National school in enrolment policy row granted application for judicial review

High Court: National school in enrolment policy row granted application for judicial review

The Board of Management of a National School in Dublin has been granted orders of certiorari quashing decisions which effectively directed the school to enrol a child in an oversubscribed class. Stating that this was “manifestly unfair” to the other unsuccessful pupils, Mr Justice Coffey agreed that there was no effective policy for dealing with […]

High Court: Dunnes Stores ordered to pay over €15m in settlement dispute

High Court: Dunnes Stores ordered to pay over €15m in settlement dispute

Receivers appointed to a development company that had agreed with Dunnes Stores that it would be the “anchor” store in a Dublin development have successfully argued that they complied with the requirements of an agreement which obliged Dunnes to pay over €15 million plus interest. Criticising Dunnes for overstating the requirements of the disputed agreement, […]

High Court: Shatter successfully appeals decision regarding Prime Time comments

High Court: Shatter successfully appeals decision regarding Prime Time comments

Former Justice Minister Alan Shatter has been successful in appealing the decision of the Data Protection Commissioner, who found that the former TD had breached the Data Protection Acts when he alleged that Mick Wallace TD had dodged penalty points for using his phone while driving. Mr Justice Meenan found that the Commissioner had not […]

High Court: Perpetual injunction against disaffected former Scientologist is lifted

High Court: Perpetual injunction against disaffected former Scientologist is lifted

A “disaffected” former member of the Church of Scientology has successfully had a perpetual injunction against him dissolved in the High Court. Considering Szabo, Justice Noonan held that the man’s behaviour did not amount to a substantial risk – and that in any event, the plaintiff was not entitled to such equitable relief where she […]

High Court: Man who alleged his father ‘robbed’ his compensation told ‘blatant and brazen lies’

High Court: Man who alleged his father ‘robbed’ his compensation told ‘blatant and brazen lies’

A man who argued that he was the true owner of premises his father had mortgaged, and over which the bank had appointed a receiver, has lost his application to the High Court for possession. Finding that the plaintiff had perjured himself in claiming that he had paid his father for an ownership interest in […]

High Court: UK must provide further details on conditions in Maghaberry before man is surrendered

High Court: UK must provide further details on conditions in Maghaberry before man is surrendered

A man arrested in Ireland on foot of two European Arrest Warrants has successfully objected to his surrender to the UK, due to the risk of him being subjected to inhumane and degrading treatment in Maghaberry Prison. Directing the Minister for Justice and Equality to seek further information regarding the treatment of vulnerable prisoners in […]