Ireland

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

Supreme Court: State loses appeal against finding of liability for negligent advice given to fishermen

Supreme Court: State loses appeal against finding of liability for negligent advice given to fishermen

The Minister for Agriculture, Ireland, and the Attorney General have lost their appeal against a finding of liability for economic loss resulting from negligent advice given to commercial fishermen, which caused their arrest and a fine for engaging in commercial scallop fishing. Upholding the finding of the High Court, Mr Justice Peter Charleton rejected arguments […]

Supreme Court: GRA did not have right to be consulted on introduction of sick leave regulations

Supreme Court: GRA did not have right to be consulted on introduction of sick leave regulations

The Garda Representative Association (GRA) have lost their appeal to the Supreme Court regarding the legality of sick leave Regulations introduced in 2014. The GRA argued that there was a legal entitlement to be consulted prior to the making of regulations which significantly reduced the level of remuneration, however Chief Justice Frank Clarke concluded that there […]

Supreme Court: Pro Life Campaign would ‘exert a gravitational pull’ away from issues in ‘unborn’ case

Supreme Court: Pro Life Campaign would ‘exert a gravitational pull’ away from issues in ‘unborn’ case

The Pro Life Campaign have had their application to participate as an amicus curiae in an appeal involving Article 40.3.3 of the Constitution refused by the Supreme Court. Stating that the present action concerned a “pure issue of law” and that no “medical or social” issues were to be determined, Justice Donal O’Donnell stated that […]

Court of Appeal: Man who contracted MRSA in 2005 is not statute barred from pursuing damages

Court of Appeal: Man who contracted MRSA in 2005 is not statute barred from pursuing damages

A hospital in Cork subject to a personal injury claim from a man who contracted MRSA in 2005 has had its appeal dismissed in the Court of Appeal. The Hospital argued that the personal injury summons issued in 2008 was statute barred pursuant to the Statute of Limitations (Amendment) Act 1991, however the Court of […]

Supreme Court: Question on the effect of Brexit on European arrest warrant referred to CJEU

Supreme Court: Question on the effect of Brexit on European arrest warrant referred to CJEU

The Supreme Court has referred a question to the CJEU regarding the effect of Brexit on EU citizens who have been ordered for surrender to the UK. Delivering the judgment of the five-judge Court, Chief Justice Frank Clarke said that the issue raised by a man whose surrender had been ordered by the High Court […]

High Court: Seven year wait for Supreme Court appeal was primary reason for delay in professional negligence proceedings

High Court: Seven year wait for Supreme Court appeal was primary reason for delay in professional negligence proceedings

A firm of solicitors which is being sued for professional negligence has been refused an application to set aside an order renewing the plenary summons initiating the action against them. Finding that the main reason for the delay in the delivery of the Supreme Court, and accepting that the plaintiff was correct to renew awaiting […]

Supreme Court: 33rd Amendment to the Constitution has no retrospective effect in planning dispute

Supreme Court: 33rd Amendment to the Constitution has no retrospective effect in planning dispute

A man who sought to appeal an order of costs made against him in the High Court in 2012, has been refused leave to appeal in the Supreme Court. The man sought to argue that the 33rd Amendment to the Constitution could be applied retrospectively as the issues were procedural in nature, however the five-judge […]

Court of Appeal: US Family Court has no jurisdiction regarding child resident in Ireland since 2009

Court of Appeal: US Family Court has no jurisdiction regarding child resident in Ireland since 2009

The mother of a child who has been habitually resident with her in Ireland since 2009 has been successful in the Court of Appeal, where it was determined that the Courts of Ireland have full and primary jurisdiction to make determinations with regard to all aspects of the child’s best interests and welfare. Delivering the […]

Court of Appeal: Questions referred to CJEU in dispute over visa delays

Court of Appeal: Questions referred to CJEU in dispute over visa delays

The Court of Appeal has referred four draft questions to the CJEU concerning the interpretation of Directive 2004/38/EC on the free movement of EU Citizens and their family members. The referral involved the consideration of four separate visa applications which had been delayed for more than a year, which Mr Justice Gerard Hogan said had […]

Court of Appeal: Woman who stole over €460,000 has sentence reduced on appeal

Court of Appeal: Woman who stole over €460,000 has sentence reduced on appeal

A woman who pleaded guilty to stealing over €460K when she took over the running of her ill husband’s business in 2010, has been successful in an appeal against the severity of her sentence. Suspending the final 6 months of the 18-month sentence, Justice Birmingham said that the powerful mitigating factors had to be taken […]