Case Law

Case Law in the Republic of Ireland and Northern Ireland:

Crown Court: Orangeman sentenced to one year’s imprisonment for driving into pedestrians

Crown Court: Orangeman sentenced to one year’s imprisonment for driving into pedestrians

A man who drove into a crowd of people while on his way home from an Orange Order parade, has been given a two year custodial sentence, to serve one in custody and one on licence. Judge Patricia Smyth stated that continuing to drive after striking several pedestrians was an aggravating factor in the offences […]

High Court: Waterford residents lose case against Ecopower Windfarm development

High Court: Waterford residents lose case against Ecopower Windfarm development

Residents who brought judicial review proceedings in relation to a decision by An Bord Pleanála to grant planning permission for a wind farm development, have had their application for an order quashing this decision refused in the High Court. Criticising the applicants for their overlapping and contradictory submissions, Mr Justice Robert Houghton was satisfied that assessments were made in line […]

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 […]

Court of Appeal: Environmentalist loses challenge to new road beside Lough Neagh

Court of Appeal: Environmentalist loses challenge to new road beside Lough Neagh

An environmentalist who argued that a section of the proposed road from Randalstown to Castledawson would threaten protected species, and therefore breach EU legislation, has had his appeal dismissed in the Court of Appeal in Belfast. Delivering the judgment of the Court, Lord Chief Justice Declan Morgan said there was no suggestion that the Department for […]

NI Court of Appeal: Man approached to become informer must take ECHR case against Chief Constable to tribunal

NI Court of Appeal: Man approached to become informer must take ECHR case against Chief Constable to tribunal

A man who complained that his human rights were breached by members of the police service when attempting to recruit him as an informer, has lost his appeal to bring judicial review proceedings because an alternative remedy was open to him in the form of the Tribunal established under section 65 of the Regulation of Investigatory […]

CJEU: Institutional granters of loans denominated in foreign currency must provide borrowers with adequate information

CJEU: Institutional granters of loans denominated in foreign currency must provide borrowers with adequate information

When a financial institution grants a loan denominated in a foreign currency, it must provide the borrower with sufficient information to enable him to take a prudent and well-informed decision, the Court of Justice of the European Union has ruled. In 2007 and 2008, Ms Ruxandra Paula Andriciuc and other persons who received their income […]

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 […]

District Court: Child guilty of several dangerous driving offences without a licence has detention deferred

District Court: Child guilty of several dangerous driving offences without a licence has detention deferred

A boy who was found guilty of numerous dangerous driving charges involving stolen vehicles, has been given a Deferment of Detention Order in the District Court. In a recently published judgment, Judge John O’Connor stated that, since the child had engaged well recently with his Bail Support and with the Probation Service, it was appropriate […]

High Court refuses to return children wrongfully removed from England as they have become well-settled in Ireland

High Court refuses to return children wrongfully removed from England as they have become well-settled in Ireland

The father of two children who were wrongfully removed from their habitual residence in England in July 2015 has had his application for their return pursuant to The Hague Convention refused in the High Court. Whilst it was accepted that the mother had engaged in subterfuge and concealment in respect of the removal of the […]