Ireland

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

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 […]

High Court: Council must reconsider woman’s application to sell ex-council house

High Court: Council must reconsider woman’s application to sell ex-council house

A woman who bought her home from the council in 2005 has been granted an order of certiorari quashing the decision of Meath County Council, which refused her permission to sell her home and relocate now that her children have grown up and moved out. Directing the Council to reconsider the woman’s application, Mr Justice […]

High Court: Damages totalling €52k awarded against Hertz in claim regarding crashed rented car

High Court: Damages totalling €52k awarded against Hertz in claim regarding crashed rented car

Seven plaintiffs have been awarded a total of €52k for injuries arising out of a two car collision involving a car owned by Hertz Rent-a-Car. Hertz contended that the collision was a “set up”, based on the plaintiffs’ membership of the same “republican” society, and the jovial nature with which the drivers of the car […]

High Court: Tent-dwelling single mother refused order quashing decision to end emergency accommodation

High Court: Tent-dwelling single mother refused order quashing decision to end emergency accommodation

A woman who has been living in a tent outside the offices of Carlow County Council has had her application for judicial review of council decisions refused by the High Court. Finding that the council had discretion under the Housing Act 1988, Mr Justice Meenan was satisfied that the decision to refuse further emergency accommodation […]

Court of Appeal: Challenge to the enforcement of deportation struck out for want of jurisdiction

Court of Appeal: Challenge to the enforcement of deportation struck out for want of jurisdiction

A man who sought to restrain the enforcement of a deportation order made against him, pending the outcome of an application to revoke the order based on him being the father of an EU citizen child, has had his case struck out of the Court of Appeal for want of jurisdiction. Delivering the judgment of […]

High Court: Government’s order directing the €4bn “stabilisation” of Irish Life not unreasonable

High Court: Government’s order directing the €4bn “stabilisation” of Irish Life not unreasonable

The High Court has ruled that the Government’s €4 billion recapitalisation of Irish Life was not unreasonable, pursuant to the Credit Institutions (Stabilisation) Act 2010. Dismissing an application which sought to set aside the direction order, Ms Justice Iseult O’Malley noted that the order was “radical” but that the applicants had failed to demonstrate that […]

Court of Appeal: Mandatory minimum sentencing for firearms offences not unconstitutional

Court of Appeal: Mandatory minimum sentencing for firearms offences not unconstitutional

A man who had his sentence reviewed from a wholly suspended sentence, to a five-year term of imprisonment pursuant s. 27A (8) of the Firearms Act 1964 has had his constitutional challenge to the legislation dismissed on appeal. Delivering the judgment of the three-judge Court, Mr Justice Birmingham agreed with the reasoning of the High Court that the Oireachtas should […]

Supreme Court: Cessation of state pension payments to prisoners unconstitutional

Supreme Court: Cessation of state pension payments to prisoners unconstitutional

A prisoner who argued that the cessation of his state pension payments from the date of his detention was unconstitutional has successfully appealed his case in the Supreme Court. Finding that the statutory provision which disqualified prisoners from receiving such a benefit was contrary to the separation of powers principle, Mr Justice John MacMenamin stated […]

High Court: Appeals committee erred in taking personal circumstances into account

High Court: Appeals committee erred in taking personal circumstances into account

The Board of Management of a secondary school in Athenry have been granted an order of certiorari, quashing the decision of an appeals committee which had directed the school to admit a pupil contrary to its enrolment policies. Ms Justice Úna Ní Raifeartaigh found that the committee had erred in considering personal circumstances in the […]

High Court: Woman awarded €0.25m for injuries sustained during dog attack

High Court: Woman awarded €0.25m for injuries sustained during dog attack

A woman who was attacked by two dogs during an evening walk in 2012 has been awarded €234,557 in the High Court. Finding the woman to be a credible witness in giving evidence, Mr Justice Barr was satisfied that she had suffered moderate PTSD as a result of the attack, and accepted evidence from her […]