Ireland

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

Court of Appeal: Garda under investigation for using discriminatory language loses challenge to investigation

Court of Appeal: Garda under investigation for using discriminatory language loses challenge to investigation

A member of An Garda Síochána who has been suspended from operational duties while on 90 per cent pay due to an incident involving a foreign national in custody has lost an appeal against the continuation of disciplinary proceedings against him. Finding that the Garda authorities were not precluded from the commencement of disciplinary proceedings […]

Supreme Court: Placing deportation notice on file was not ‘service by registered post’

Supreme Court: Placing deportation notice on file was not ‘service by registered post’

The Supreme Court has held that in circumstances where an applicant seeking asylum has not provided an address, placing a deportation notice on file does not constitute “service by registered post at the last known address” for the purposes of the Immigration Act 1999. Criticising the applicant’s “reprehensible behaviour” for evading any engagement with the […]

High Court: Determination on surrender of accused to Poland referred to CJEU due to rule of law concerns

High Court: Determination on surrender of accused to Poland referred to CJEU due to rule of law concerns

The High Court has referred two questions for determination to the CJEU, based on the finding that there has been a systemic breach to the rule of law in Poland. Stating that the recent legislative changes in Poland had an impact on fair trial rights, and were in breach of Article 2 of the Treaty […]

Supreme Court: Danske Bank able to proceed with unjust enrichment claim against man who lodged bad cheque

Supreme Court: Danske Bank able to proceed with unjust enrichment claim against man who lodged bad cheque

A man who lodged a cheque to Danske Bank, which was dishonoured after he obtained a draft of €63,000 from the account in which he had lodged it, has lost an appeal against an order permitting the planitiff to amend their statement of claim to include an affidavit supporting damages for unjust enrichment. Finding that […]

High Court: Wind Farm company refused judicial review of An Bord Pleanála decision

High Court: Wind Farm company refused judicial review of An Bord Pleanála decision

A company which was refused planning permission for one of the tallest windfarms in the country, has been unsuccessful in its application for judicial review of the decision of An Bord Pleanála. In the High Court, Mr Justice Twomey refused to grant the applicants an order for certiorari of the Board’s decision despite the alleged […]

Supreme Court: Failure to give prior notice of evidence deprived man of fair trial

Supreme Court: Failure to give prior notice of evidence deprived man of fair trial

A man who was convicted of burglary has had his conviction quashed by the Supreme Court, on the basis that he had been deprived of a fair trial. Allowing the appeal, Justice Iseult O’Malley said that the defence was entitled to notice of the DPP’s evidence, and that “course taken by the prosecution in this […]

Supreme Court: Unborn has no constitutionally protected rights independent of Article 40.3.3.

Supreme Court: Unborn has no constitutionally protected rights independent of Article 40.3.3.

The Supreme Court has reversed the High Court’s finding that the unborn is a child for the purposes of Article 42A of the Constitution. Delivering a lengthy judgment from the seven-judge Court, Chief Justice Frank Clarke held that there was nothing in statute or common law to support the High Court’s conclusion that the unborn […]

Supreme Court: Interest awarded by Court of Appeal in DPD franchise dispute is halved

Supreme Court: Interest awarded by Court of Appeal in DPD franchise dispute is halved

DPD have successfully appealed a Court of Appeal ruling to the extent that the Supreme Court has substituted the award of €57,000 in interest payable to a former franchisee for a figure of €26,000. Writing in his judgment, Mr Justice O’Donnell endorsed the Court of Appeal of England and Wales decision in Jefford v Gee [1970] […]

High Court: Former Garda refused injury compensation is not entitled to discovery in judicial review proceedings

High Court: Former Garda refused injury compensation is not entitled to discovery in judicial review proceedings

A retired member of An Garda Síochána has lost an application for discovery of all documents considered by the Minister for Justice and Equality in a decision to refuse his claim for compensation. Stating that the issue arising in the judicial review proceedings brought by the former Garda was the proper legal meaning of “maliciously […]

High Court: Finance company refused application for summary judgment of almost €17m

High Court: Finance company refused application for summary judgment of almost €17m

Stapleford Finance Designated Activity Company have been refused an application for summary judgment of almost €17m against a man who allegedly breached the terms of a deed of settlement which was agreed in 2014. Finding that Stapleford’s application did not satisfy the Aer Rianta threshold, Mr Justice Brian McGovern stated that Stapleford’s argument for summary judgment […]