High Court: State has constitutional duty to make reasonable efforts to assign an Irish-speaking judge
A man who sought to have his trial for criminal damage conducted in Irish, and to have this facilitated by an Irish-speaking judge, has been granted an order of certiorari quashing a District Court judge’s refusal to grant his application for an Irish-speaking judge to be assigned to his case.
High Court in Ireland — 16 July 2019
High Court: Judicial review proceedings brought by man removed from State dismissed as an abuse of process
A man who brought judicial review proceedings challenging the decision to affirm a removal order made against him and an exclusion period of ten years has had his proceedings dismissed as an abuse of process.
High Court in Ireland — 15 July 2019
The decision to grant planning permission for a large-scale housing development in Blackrock, Co Dublin, has been set aside in the High Court.
High Court in Ireland — 12 July 2019
High Court: Man left with €190,000 liability in fraudulent conveyance loses case against Law Society
A man who took out a €190,000 mortgage to purchase property which he mistakenly believed to be in the ownership of a solicitor in 2008 has had his application for judicial review dismissed in the High Court.
High Court in Ireland — 11 July 2019
A man accused of offences relating to a car bomb in 1972 which killed two members of the UDR has lost an appeal against an order for his surrender on foot of a European Arrest Warrant.
Court of Appeal in Ireland — 10 July 2019
A school has lost its appeal against the finding that a teacher who signed a “fixed term” contract two years after she began teaching in the school was unfairly dismissed when her contract was terminated.
High Court in Ireland — 9 July 2019
Court of Appeal: Brother of murdered boy had legitimate expectation independent report into collusion would be completed
The Chief Constable of the PSNI has lost an appeal against the decision that the brother of a 13-year-old boy who was murdered in 1976 had a legitimate expectation that an overarching investigation into collusion would be carried out by an independent police team.
Court of Appeal in Northern Ireland — 8 July 2019
A property developer who was ordered to pay €76K to a firm of solicitors on foot of a summary summons for professional fees owed has successfully appealed the summary judgment granted against him in the High Court in 2013. Finding that the trial judge erred in concluding that two of the issues raised as possible defences to the claim were not arguable defences, Mr Justice Michael Peart allowed the appeal and directed a plenary hearing on the basis of those two issues only.
Supreme Court in Ireland — 5 July 2019
High Court: Arbitrator should have referred ESB’s question regarding double compensation to the High Court
The Electricity Supply Board have been granted an order directing a property arbitrator to state a case on a point of law to the High Court. Finding that the question raised by ESB regarding landowners being “doubly compensated” for the construction of electric lines was a "real and significant issue" of such importance that its resolution was necessary for the proper determination of the case, Mr Justice Michael Twomey said the arbitrator should have referred the point of law to the court.
High Court in Ireland — 4 July 2019
A man who was awarded €96,403 in personal injury proceedings against Tallaght Hospital has had his award upheld by the Supreme Court. The hospital argued that the claim was statute barred in circumstances where the hospital’s omission to carry out a CT scan occurred in 2007, and the personal injury proceedings were commenced in 2012. Delivering the leading judgment of the Court, Mr Justice Peter Charleton said that the limitation period was “delayed in the exceptional circumstances of this plaintiff being given, in good faith and on the basis of a professional assessment, an incorrect set of facts in consequence of taking the reasonable step of consulting expert medical advice” in 2009.
Supreme Court in Ireland — 3 July 2019
High Court: Woman who is alleged to have taken part in serious assault when she was 15 fails to halt criminal proceedings
A woman who was fifteen when she is alleged to have been involved in a violent attack in which a seventeen-year-old boy was stabbed and beaten, has failed to halt the further prosecution of criminal charges pending against her. Finding that there was no culpable or blameworthy prosecutorial delay, Mr Justice Garrett Simons dismissed the judicial review proceedings in their entirety.
High Court in Ireland — 2 July 2019
High Court: Man convicted of sexual assault within a year of moving to Ireland loses challenge to removal order
A man convicted of sexually assaulting a woman who was sleeping at a house party has lost his challenge to the decision taken by the Minister for Justice and Equality to make a removal order against him in addition to imposing on him a five year exclusion period. The man had moved to Ireland in 2005 and committed the assault in 2006, after which he returned to Poland and only came back to Ireland when a European Arrest Warrant was issued against him in 2012. Finding no error with the Minister’s decision, Mr Justice David Keane also rejected the argument that the Regulations were in breach of the man’s right to appeal.
High Court in Ireland — 1 July 2019
Two former Independent News and Media directors who are pursuing litigation against the company have been granted an order permitting them to use affidavit evidence which had been furnished to them in relation to proceedings between INM and the Director of Corporate Enforcement. Finding, inter alia, that this would not confer a litigation advantage on the applicants, Mr Justice Peter Kelly, President of the High Court said that if the order was not made, discovery applications were inevitable, which would be wasteful of scarce time and resources of the court.
High Court in Ireland — 28 June 2019
High Court: Man who bought a house for his parents in 1996 loses application to throw out his sister’s challenge to 2013 conveyance
A man who entered into an agreement with his parents in 1996 wherein he purchased a house for them through a tenant scheme, has lost his application to strike out proceedings brought against him by his sister. The man’s sister is seeking to set aside the conveyance of the house to him in 2013 on grounds of undue influence and/or duress. Refusing the application, Mr Justice Garrett Simons said the case could not be decided on the basis of documentation submitted to the court and that the high threshold for striking out proceedings had not been reached.
High Court in Ireland — 27 June 2019
High Court: Woman who claimed she would face inhuman and degrading treatment in Algeria loses application for judicial review
A woman who was refused refugee status and declared ineligible for subsidiary protection has lost an application for judicial review of an International Protection Appeals Tribunal decision. Finding that the risk of prosecution for “irregular exit” from Algeria did not amount to inhuman and degrading treatment or punishment, Mr Justice David Keane also agreed with the IPAT that there wasn’t a risk of indiscriminate violence in Algeria putting her at risk of serious harm.
High Court in Ireland — 26 June 2019