Gillian O'Hanlon BL

The Supreme Court has determined that s.39(3) of the Residential Tenancies Act 2004, which limits the statutory entitlement of certain family members to succeed to a tenancy on the death of the original tenant to those over 18 years of age, does not offend the Constitution. Delivering the lead judgm

The Supreme Court has held that a provision of the International Protection Act 2015 specifying the parameters for eligibility for family reunification applications is not contrary to law. Delivering judgment for the Supreme Court yesterday, Ms Justice Elizabeth Dunne and Mr Justice Maurice Collins

The Supreme Court has upheld the constitutionality of provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 which prescribe the offence of failing to comply with a request to provide passwords or biometric data to seized digital devices without lawful excuse. Delivering judgment for

The High Court has awarded €65,000 in general damages, including €30,000 for psychiatric injury, to the victim of a minor rear-ending accident. Delivering judgment for the High Court, Mr Justice Cian Ferriter determined that notwithstanding the court’s finding that the plaintiff had

The High Court has dismissed an appeal against a decision of a reconstituted LSRA Review Committee directing the closure of a complaint file. Delivering judgment for the High Court, Mr Justice Max Barrett explained that the position contended for by the appellant would “create a never-ending c

The Supreme Court has referred a question to the CJEU relating to the application of Article 22(5) of the Lugano Convention. Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan considered that the “very novelty and practical importance” of the issue of whether the appellan

Northern Ireland’s Court of Appeal has dismissed a father’s appeal against the High Court’s refusal to make an order for the return of his children from Northern Ireland to the Republic of Ireland. Delivering judgment for the Court of Appeal, Lady Chief Justice Siobhan Keegan expla

The High Court has granted a stay in favour of TikTok pending the determination of its appeal against a decision of the Data Protection Commission. Delivering an judgment for the High Court, Mr Justice Rory Mulcahy observed: "Here, the evidence of loss is robust. The possibility of harm to fundament

The High Court has made orders permitting HSE staff to terminate a minor’s pregnancy in light of her lack of capacity and the risk of serious harm to her life should the pregnancy continue. Delivering an ex tempore judgment for the High Court in October, Mr Justice David Barniville concluded:

The Supreme Court has determined that participants to the State Witness Security Programme are not entitled to the issue of a new birth certificate which records their altered identity. Delivering the lead judgment for the Supreme Court, Chief Justice Donal O’Donnell observed that "it cannot b

The High Court has refused to set aside grants of leave to apply for judicial review obtained by two stagehands in respect of Labour Court decisions concerning their alleged employment with a film production company. Delivering judgment for the High Court, Mr Justice Garrett Simons determined that t

The Supreme Court has determined that the Garda Commissioner could not rely on s.9 of the Criminal Law Act 1976 to retain a garda’s phone for the purposes of a Garda disciplinary investigation. Delivering judgment for the majority of the Supreme Court, Mr Justice Brian Murray concluded that s.

Northern Ireland’s High Court has struck out defences to defamation raised by a woman who published material received in discovery and defamatory material concerning her former employer on X and Substack. Delivering judgment in October, Mr Justice Adrian Colton said: "On any showing it is clea

The High Court has refused a habeas corpus application brought on behalf of all persons detained on foot of evidence obtained through search warrants issued by peace commissioners. Delivering judgment for the High Court, Mr Justice Brian Cregan opined that the application was more akin to a request

The High Court has awarded €115,000 in damages to a man who was sexually abused by his friend’s father over a six-month period in 1998. Delivering judgment for the High Court, Mr Justice Anthony Barr in awarding damages was satisfied that the plaintiff would require significant psychologi