Ireland

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

Court of Appeal: Private medical clinic wins appeal against RCSI over training accreditation

Court of Appeal: Private medical clinic wins appeal against RCSI over training accreditation

A private medical clinic which was denied accreditation of a one-day course on cosmetic surgery has successfully appealed against the decision of the High Court to refuse its application for judicial review. Allowing the appeal, Mr Justice Sean Ryan, President of the Court of Appeal, found that the Royal College of Surgeons in Ireland had […]

High Court: Builder’s application to dismiss negligence claim brought by family who lost home is rejected

High Court: Builder’s application to dismiss negligence claim brought by family who lost home is rejected

A builder who sought orders to dismiss negligence proceedings brought against him by a family who had to move out of their home due to health concerns, has had his application refused by the High Court. According to Mr Justice Eagar, the builder himself had contributed to delay in the proceedings; and given the financial […]

High Court: Man who brought frivolous proceedings for over 15 years is precluded from instituting any further cases

High Court: Man who brought frivolous proceedings for over 15 years is precluded from instituting any further cases

The State has been granted an order dismissing proceedings brought by a man against various public bodies on the grounds that they were an abuse of process. In addition to a number of orders, Mr Justice Robert Eagar granted the State an Isaac Wunder Order – restraining the man from bringing any further proceedings against […]

Supreme Court: Minister’s decision to make deportation order did not adequately consider risk of torture

Supreme Court: Minister’s decision to make deportation order did not adequately consider risk of torture

An order for deportation of an Algerian man who arrived in Ireland under a false identity in 1997 after being convicted of terrorism in Algeria, and who has subsequently been convicted of terrorism offences throughout Europe, must be reconsidered by the Minister for Justice and Equality. The minister had found that deportation would not constitute […]

Court of Appeal: EU national’s status as a “worker” to be considered by the CJEU

Court of Appeal: EU national’s status as a “worker” to be considered by the CJEU

A man who sought to claim job-seeker’s allowance based on his employment as a casual labourer for two weeks in the State has had his appeal adjourned pending the outcome of the Court’s reference to the Court of Justice of the European Union. Finding that there were a variety of interpretations of the relevant provisions […]

Court of Appeal overturns €75K in damages awarded to woman who trapped her finger in pub door

Court of Appeal overturns €75K in damages awarded to woman who trapped her finger in pub door

A woman who was awarded €75,000 after her finger was severed by a hydraulic door, has had her award overturned by the Court of Appeal. Ms Justice Irvine found that there was no legal basis for finding that the pub was liable for the woman’s injuries. Background In January 2016, Ms Saundra O’Flynn was awarded […]

Court of Appeal: Area Director of Nursing must be restored to her contractual position

Court of Appeal: Area Director of Nursing must be restored to her contractual position

An employee of the Health Service Executive has been granted an injunction directing the HSE to restore her to her contractual position as Area Director of Nursing. The Court of Appeal had previously granted the woman a declaration to the effect that her unilateral reassignment was a breach of contract, however Mr Justice Gerard Hogan […]

Supreme Court: Convicted murderer who challenged admissibility of DNA evidence has appeal dismissed

Supreme Court: Convicted murderer who challenged admissibility of DNA evidence has appeal dismissed

A man who was convicted of murder based on DNA evidence which was found on items he discarded after shooting a man in Dublin, has had his appeal dismissed in the Supreme Court.In the joint judgment of Mr Justice Clarke, Ms Justice Dunne, and Ms Justice O’Malley, it was held that the man’s right to […]

Supreme Court: Authorisation of UK to assume jurisdiction over child care proceedings overturned

Supreme Court: Authorisation of UK to assume jurisdiction over child care proceedings overturned

A woman who moved to Ireland while pregnant with her second child, in the face of a recommendation from UK social workers that the child should be placed in foster care, has successfully appealed the decision of the High Court that the UK should assume jurisdiction over the proceedings regarding the child’s care. Background JD, […]

High Court: Property developer awarded €10k for harassment and intimidation from farmer

High Court: Property developer awarded €10k for harassment and intimidation from farmer

A property developer who was harassed and intimidated after the breakdown of property transactions in 2006 has been awarded €10,000 in the High Court. The Court heard that the farmers from whom he bought 15 acres of land for €1.3 million in 2005, employed a debt recovery agency to recover a further €350k, and that […]