Ireland

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

High Court: Farmer’s company was set up with the intention of defrauding creditors

High Court: Farmer’s company was set up with the intention of defrauding creditors

An agricultural merchant company owed over €300k by one farmer since 2009, has been granted a declaration in the High Court that the farmer set up a company with his wife in order to defraud his creditors. Background Quinns of Baltinglass Limited, a grain and agricultural merchant in County Wicklow, sought a declaration that the […]

High Court: School loses case against McDonald’s planning permission

High Court: School loses case against McDonald’s planning permission

The Board of Management of a secondary school in Wicklow has lost its case against An Bord Pleanála, in which it sought an order of certiorari and various declaratory reliefs based on its failure to comply with the Planning and Development Act 2000 and disregard for anti-obesity policies when granting planning permission for a McDonald’s restaurant 30 […]

Supreme Court: State’s incorrect interpretation of EU law not so inexcusable to justify damages

Supreme Court: State’s incorrect interpretation of EU law not so inexcusable to justify damages

The Supreme Court has upheld a finding of the Court of Appeal which overturned an award of almost €130,000 in a case which arose due to the State’s incorrect interpretation of EU law. Accepting that the man at the centre of the proceedings had suffered because of the error, Ms Justice Iseult O’Malley stated that […]

Supreme Court: Burglar’s conviction quashed due to improper use of adverse inferences

Supreme Court: Burglar’s conviction quashed due to improper use of adverse inferences

A man’s conviction for burglary has been quashed in a unanimous decision of the Supreme Court, due to the improper use of the “adverse inferences” provisions of s. 19 of the Criminal Justice Act 1984. The man was arrested on suspicion of having been involved in the unlawful discharge of a firearm, and was subsequently […]

Court of Appeal: Tenant who sublet apartment to students loses appeal against eviction

Court of Appeal: Tenant who sublet apartment to students loses appeal against eviction

A tenant who sublet his apartment to students, and only made three rent payments since a receiver was appointed in October 2012, has been refused an extension of time to appeal an eviction order made against him. The man was also ordered to pay €11,000 in arrears and damages. Dismissing the appeal, Mr Justice Gerard […]

Court of Appeal: Man serving life sentence for murder has conviction quashed due to trial judge error

Court of Appeal: Man serving life sentence for murder has conviction quashed due to trial judge error

A man who was sentenced to life imprisonment for the murder of his cousin in 2014 has successfully appealed his conviction on the basis that the trial judge erred in not advising him, while conducting his own defence, that if he did not present evidence to support an altered version of events in the latter […]

Supreme Court: Shunning perjury by not giving evidence at trial not a mitigating factor in sentencing

Supreme Court: Shunning perjury by not giving evidence at trial not a mitigating factor in sentencing

In response to a certified question for appeal by the Director of Public Prosecutions, the Supreme Court has held that it is not a correct principle of sentencing to treat as mitigation the fact that an accused person who is convicted following a trial did not give false evidence. Delivering the unanimous judgment of the […]

High Court: Minister’s decision to exclude women from Magdalen compensation scheme violated right to justice

High Court: Minister’s decision to exclude women from Magdalen compensation scheme violated right to justice

Two women who were forced to work in Magdalen laundries have been granted an order of certiorari, quashing the refusal of the Minister for Justice and Equality to admit them to a government compensation scheme. Mr Justice Michael White refused to grant relief on the basis that the decision was unreasonable and irrational, but held […]

Supreme Court: Appellate Court incorrect to overturn Jury’s finding of fact in defamation case

Supreme Court: Appellate Court incorrect to overturn Jury’s finding of fact in defamation case

A seven-judge Supreme Court has unanimously found that that the Court of Appeal was incorrect to overturn a High Court jury’s finding of fact in a defamation case against the Sunday World. In 2008, after a 5-day trial, a jury had found that the defendant Newspaper had not proved that the defamed plaintiff was a […]

High Court: HSE granted application permitting doctors to withhold increase in ventilator support in event of MCS patient’s deterioration

High Court: HSE granted application permitting doctors to withhold increase in ventilator support in event of MCS patient’s deterioration

The Health Service Executive has been granted an order which would permit, but not compel, a man’s doctors, in the exercise of their clinical judgment, to withhold CPR or an increase in his ventilation support in the event of clinical or respiratory deterioration. Considering all medical evidence, Mr Justice Peter Kelly, President of the High […]