Gillian O'Hanlon BL

The Supreme Court has determined that pursuant to s.50A(9A) of the Planning and Development Act 2000, the occasions on which the High Court can refuse remittal will be “rare and exceptional”. Delivering judgment for the Supreme Court, Ms Justice Aileen Donnelly opined that “the Oir

A majority of the Supreme Court has determined that s.7(2)(g) of the Judicial Council Act 2019 which required the adoption by the Judicial Council of the 2021 Personal Injuries Guidelines is unconstitutional, but that the Guidelines remain in force in law being that were subsequently ratified by the

The High Court has determined that the minister of justice's designation of the UK as a ‘safe third country’ was unlawful and ultra vires her powers due to the absence of certain safeguards required by EU law. Delivering judgment for the High Court, Ms Justice Siobhán Phelan deter

The High Court has referred questions to the Court of Justice of the European Union (CJEU) concerning the State’s obligation to compensate victims of crime for their pain and suffering and the nature of “fair and appropriate” compensation under Council Directive 2004/80/EC of 29 Ap

The High Court has determined that it was reasonable for applicants to issue proceedings seeking leave for judicial review where the minister for justice had indicated her intention to deport the infant applicant. Delivering judgment for the High Court, Ms Justice Marguerite Bolger stated that the a

The Court of Appeal has determined that Iconic Newspapers Ltd could not rely on the defence of qualified privilege in respect of a publication which erroneously stated that the respondent featured on Revenue’s ‘tax defaulters list’. Delivering judgment for the Court of Appeal, Mr J

The High Court has determined that a family participating in the State’s witness security programme (WSP) are not entitled to obtain amended birth certificates or marriage certificates to reflect their new identities. Delivering judgment for the High Court, Mr Justice Rory Mulcahy opined that

The High Court has determined that the dependents of a man who was shot dead on his doorstep were not entitled to recover under the criminal injuries compensation scheme due to the victim's own criminal history. Delivering judgment for the High Court, Ms Justice Mary Rose Gearty stated: “The p

Northern Ireland’s High Court has dismissed a son’s claim for proprietary estoppel in respect of farmlands which were the subject of his father’s will. Delivering judgment for the High Court, Mr Justice Ian Huddleston observed: “What this case boils down to is the fact that t

The Court of Appeal has determined that a prisoner who threw a Bible at a sentencing judge was liable for disciplinary action by the prison governor and that this jurisdiction co-existed with the court’s contempt jurisdiction. Delivering judgment for the Court of Appeal, Ms Justice Úna

The High Court has refused an application to prohibit a trial concerning sexual offences alleged to have been committed in the 1980s. Delivering judgment for the High Court, Ms Justice Marguerite Bolger determined that there was no evidence of “inordinate, culpable or unjust delay” and t

The High Court has dismissed a claim for specific performance of a settlement agreement for want of prosecution. Delivering judgment for the High Court, Mr Justice Rory Mulcahy stated that “where a party is seeking to enforce a compromise of earlier proceedings", the "public policy which sees

The Supreme Court has referred a question to the European Court of Justice concerning its obligations in respect of a man requested to be surrendered to the UK for alleged terrorism offences. Delivering judgment for the Supreme Court, Ms Justice Marie Baker considered that: “Mere evidence of d

The Supreme Court has determined that the High Court erred in granting an interlocutory injunction to a company to restrain its employees from continuing industrial action in light of s.19 of the Industrial Relations Act 1990. Delivering judgment for the Supreme Court, Mr Justice Donal O’Donne

The High Court has struck out proceedings brought in respect of an order for possession over a Wexford property because they were res judicata and an abuse of process, echoing Ms Justice Eileen Roberts’ concerns about the ‘services’ provided by the second plaintiff. Delivering judg