Ireland

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

Court of Appeal: Denis O’Brien refused order for identification of PR firm’s client

Court of Appeal: Denis O’Brien refused order for identification of PR firm’s client

Irish businessman Denis O’Brien, who has been involved in a long-running legal battle with public relations firm Red Flag, has lost his appeal for the discovery of the firm’s client. Mr Justice Sean Ryan, president of the Court of Appeal, stated that Mr O’Brien would have had a remedy if Red Flag had published the […]

High Court: Court rejects application brought against proposed Apple data centre in Athenry

High Court: Court rejects application brought against proposed Apple data centre in Athenry

Objectors’ application for an order of certiorari of the determination of An Bord Pleanála to grant planning permission for data centre has been rejected by the High Court. Finding that the appropriate Environmental Impact Statement had been carried out, Justice McDermott stated that it would have been wrong for the Board to embark on speculation […]

High Court: Debtor does not have locus standi to appeal application brought by personal insolvency practitioner

High Court: Debtor does not have locus standi to appeal application brought by personal insolvency practitioner

A debtor has had his appeal to the High Court dismissed in a preliminary hearing, on the basis that he did not have locus standi to appeal an application pursuant to the Personal Insolvency Acts 2012-2015, which was brought by a personal insolvency practitioner in the first instance. Finding in favour of Bank of Ireland […]

Children Court: Sentencing of boy for offences while in Special Care Unit not double penalty

Children Court: Sentencing of boy for offences while in Special Care Unit not double penalty

The defence team of a boy being sentenced for criminal damage and assault while detained, or about to be detained, in a Special Care Unit has unsuccessfully argued that convicting the boy of the charges would amount to a double penalty. Finding that the boy had a fair trial, Judge John O’Connor stated that a […]

Court of Appeal: Group owing nearly €700m to Deutsche Bank wins examinership appeal

Court of Appeal: Group owing nearly €700m to Deutsche Bank wins examinership appeal

A group of seven companies with a combined debt to Deutsche Bank AG of approximately €698m, has been successful in its application for an examiner to be appointed pursuant to s. 509(1) of the Companies Act 2014. Overturning the decision of the High Court to refuse the application, the Court of Appeal was unanimous in […]

High Court: Solicitor’s appeal against disciplinary tribunal struck out for want of jurisdiction

High Court: Solicitor’s appeal against disciplinary tribunal struck out for want of jurisdiction

An appeal brought to the High Court by a solicitor facing allegations of misconduct before the Solicitors Disciplinary Tribunal (SDT) has had his appeal struck out in limine. Acceding to the application by the Law Society of Ireland, Mr Justice Kelly, President of the High Court, found that the appeal against the SDT’s determination that […]

High Court: Appointments to board of Conroy Gold did not comply with company’s notification requirements

High Court: Appointments to board of Conroy Gold did not comply with company’s notification requirements

A shareholder in Conroy Gold and Natural Resources PLC has lost his application for declarations that the appointment of three new directors to the company’s Board were valid. Finding that there was a failure to comply with the notification requirements in the company’s articles of association, Mr Justice Max Barrett stated that it was not […]

High Court: Father successful in application for children to be returned to their habitual residence in the UK

High Court: Father successful in application for children to be returned to their habitual residence in the UK

The father of two children has successfully applied for his children to be returned to the jurisdiction of England and Wales after they were removed from their habitual residence there without his consent in July 2016. The mother of the children brought the two children to Ireland without his knowledge after the breakdown of their […]

High Court: Prisoner who lost fingers at metal welding workshop has claim dismissed

High Court: Prisoner who lost fingers at metal welding workshop has claim dismissed

A man who lost his fingers while using a machine at a metal welding workshop in Wheatfield Prison, has had his claim for damages dismissed in the High Court. It was claimed that he was left unsupervised in the workshop at a time when he was adversely affected by methadone, however Mr Justice Bernard Barton […]

High Court upholds council’s finding that woman and child were not homeless due to accommodation outside jurisdiction

High Court upholds council’s finding that woman and child were not homeless due to accommodation outside jurisdiction

A Malaysian woman who moved to Ireland with her daughter, an Irish citizen, and had her application for emergency homeless accommodation refused by Wicklow County Council has had her application for judicial review dismissed by the High Court. Finding that the Council’s decision was not ultra vires, Mr Justice Noonan stated that since the applicants […]