The Supreme Court has allowed an appeal against the surrender of a man to Poland to serve a sentence for minor drugs offences due to delay. The man had a suspended sentence for offences dating back to 1999, which he was ordered to serve in 2006. However, a European Arrest Warrant was not issued unti
Killian Flood BL
The High Court has refused an application for judicial review seeking to prohibit the Director of Public Prosecutions from pursuing charges against the applicant on the grounds of delay. The applicant was 15 years old at the time of the alleged offending but was not returned for trial until after hi
The High Court has refused an application to dismiss a plaintiff’s personal injuries action on the grounds that it was bound to fail. The defendants argued that the plaintiff could not succeed because she had signed a waiver agreement which waived any right of action against the defendants. Ho
The Court of Appeal has upheld an award of €85,000 for psychiatric damage caused to a woman who witnessed the aftermath of a fatal car accident. The woman was the first person on the scene and suffered post-traumatic stress disorder after seeing the deceased driver. The defendant’s insure
The High Court has refused to admit the copy of a deceased’s will to probate despite the fact that most of the next of kin consented and none actively opposed the application. The court held that there was simply no evidence to show that the original will was still in existence or that it was
The Supreme Court has ruled that Clare County Council was not entitled to a mandatory interlocutory injunction removing Irish travellers from Council lands. It was held that both the Court of Appeal had failed to adequately consider the constitutional rights of the defendants in granting the applica
The High Court has ruled that FBD Insurance plc must pay publicans for losses arising from the early closures of premises which occurred from 10 August 2020 due to the Covid-19 pandemic. In a 201-page judgment, Mr Justice Denis McDonald held that the early closing requirement was a government-impose
The Court of Appeal has rejected an appeal against a decision by the High Court to refuse an Article 40.4 application arising from the conviction of the appellant. It was stated that the application was “totally misconceived” and that the issues should have been raised in an appeal. The
The Court of Appeal has dismissed an appeal against the severity of a three-year sentence for the cultivation of €39,000 worth of cannabis plants. The final year of the sentence had also been suspended by the sentencing judge. The appellant argued that the sentence was excessive having regard t
The Supreme Court has held that the decision of the Minister for Education to exclude certain home-schooled students from the calculated grades scheme in the 2020 Leaving Certificate was invalid. It was held that the Minister’s decision was an unlawful interference with the constitutional righ
The High Court has acceded to an application appointing the aunt of a ward of court as his joint committee in addition to the General Solicitor. The General Solicitor opposed the appointment, arguing that the aunt’s disagreement with the treating doctors could undermine the ward’s treatm
The Court of Appeal has dismissed an appeal against a murder conviction which claimed that the appellant’s trial was rendered unfair after the main prosecution witness gave evidence via video link. It was also claimed that the witness should not have been permitted to give evidence with the as
The High Court has rejected an application to amend a statement of grounds in a planning case involving the protection of bats under the Habitats Directive. The applicants had submitted, inter alia, that An Bord Pleanála had failed to comply with the provisions of the Directive and sought to
The High Court has dismissed a solicitor’s application for judicial review of a decision by the Solicitors Disciplinary Tribunal to adjourn proceedings to allow a company to obtain legal representation. In so ruling, the court determined that the Tribunal was entitled to control its own proces
The High Court has determined that an anorexic woman should not be fed against her wishes by her treating doctors despite the risk of premature death. It was held that, in all the circumstances of the case, it was in the best interests of the woman for coercive feeding to end. In making the order so