Gillian O'Hanlon BL

Northern Ireland’s High Court has refused leave to challenge by way of judicial review s.4(5) of the Northern Ireland Act 1988, which contains the mechanism for cross-community voting. Delivering judgment for the High Court, Mr Justice David Scoffield stated: “The system adopted falls sq

The High Court has quashed a decision of the Minister of Enterprise, Trade and Employment refusing a work permit to a Korean tattoo artist on the basis of the UK Standard Occupational Classification system. Delivering judgment for the High Court, Mr Justice Barry O’Donnell stated: “The o

The High Court has refused to dismiss 2021 proceedings concerning the death of a man outside a Portlaoise nightclub in 2012 on the bases of the Statute of Limitations and delay. Delivering judgment for the High Court, Ms Justice Marguerite Bolger warned that although memories are normally assumed to

The High Court has determined that An Bord Pleanála is not functus officio in circumstances where it erroneously failed to make a decision on an application for substitute consent. Delivering judgment for the High Court, Ms Justice Emily Farrell stated: “A purported decision of the Boar

The High Court has refused to direct discovery of a Garda investigation file concerning the sexual abuse of the plaintiff by a priest where the Norwich Pharmacal necessity requirement had not been satisfied. Delivering judgment for the High Court, Mr Justice Liam Kennedy stated: “I have no dou

The High Court has determined that the enforcement of a settlement agreement must be pursued in fresh proceedings in circumstances where consent to the adjournment of the existing proceedings could not constitute a sufficient act to permit them to be used as a vehicle to enforce the purported settle

The High Court has determined that the Circuit Court hearing of a hotel discrimination appeal brought by members of the Traveller community was unfair in circumstances where the presiding judge was overly-interventionist and conducted a large part of the examination of the witnesses. Delivering judg

The High Court has determined that the failure on part of the prison authorities to provide kosher food to a rabbi did not constitute a sufficiently egregious circumstance such as to render his detention unlawful. Delivering judgment for the High Court, Ms Justice Nuala Jackson stated that she did n

The High Court has determined that the statutory sentencing regime which distinguishes between children who are sentenced for murder prior to turning 18 and those who are adults by the time of sentencing is unconstitutional. Delivering judgment for the High Court, Mr Justice Garrett Simons stated th

The High Court has determined that the Circuit Court did not have jurisdiction to make an order for possession as the appellant did not come within s.3(1) of the Land and Conveyancing Law Reform Act 2013. Delivering judgment for the High Court, Ms Justice Marguerite Bolger stated: “Section 3(1

The Supreme Court has refused to overrule its previous decision in DPP v. Freeman in the context of an appeal concerning the inadmissibility of statements produced by an intoxilyser where a “sequencing error” occurred. Delivering the lead judgment for the Supreme Court, Ms Justice Iseult

The High Court has determined that the State’s prohibition on the importation and sale of CBD products containing trace amounts of THC is lawful in circumstances and does not offend the principle of the free movement of goods. Delivering judgment for the High Court, Mr Justice Garrett Simons s

Northern Ireland's High Court has dismissed the appeal of a man who transferred £250,000 from his mother's estate for his own benefit and that of his daughter whilst acting under an enduring power of attorney. Delivering judgment for the High Court, Mr Justice David McFarland remarked that &ld

The Supreme Court has dismissed the appeal of a father who was convicted by common design of violent crimes perpetrated by his wife on their child in his absence. Delivering the lead judgment for the Supreme Court, Mr Justice Peter Charleton concluded that “purpose is to be inferred through sh

The Supreme Court has determined that the housing minister's power to make binding guidelines under s.28(1C) of the Planning and Development Act 2000 does not infringe Articles 15.2.1⁰ and Article 28A of the Constitution. Delivering the lead judgment for the Supreme Court, Mr Justice Gerard Hogan