Case Law

Case Law in the Republic of Ireland and Northern Ireland:

High Court lifts suspension of awarding state contract imposed pending outcome of proceedings

High Court lifts suspension of awarding state contract imposed pending outcome of proceedings

The Minister for Public Expenditure and Reform has been granted an order lifting the automatic suspension of the execution of a contract for interpretation services with a third party, which was imposed by European Regulations as a result of a challenge by an unsuccessful tenderer for the public contract. Mr Justice Noonan was satisfied that […]

High Court: Galway Council did not breach rights of family refused emergency accommodation

High Court: Galway Council did not breach rights of family refused emergency accommodation

A mother and her five children who were refused continued emergency accommodation, and whose application for housing was deferred for a one-year period, have been unsuccessful in applying for an order quashing the decisions of Galway County Council. Finding that the applicants were not entitled to the reliefs sought, Ms Justice O’Regan was satisfied that […]

Court of Appeal: PSNI officer convicted of perverting the course of justice has appeal dismissed

Court of Appeal: PSNI officer convicted of perverting the course of justice has appeal dismissed

A PSNI officer convicted of perverting the course of justice after he admitted to crashing his car while over the limit and then attempting to cover it up by making the car look as though it had been stolen has lost his appeal against his conviction. The man was sentenced to six months imprisonment at […]

High Court: Circuit Court judge did not exceed jurisdiction in ordering lengthy suspended sentence

High Court: Circuit Court judge did not exceed jurisdiction in ordering lengthy suspended sentence

A man who had his custodial sentence reduced from ten-months to six-months, with a further four-months suspended for a period of five years, has lost his appeal against his sentence in the High Court. Finding that the Circuit Court judge did not err in his judgment, Mr Justice Max Barrett refused all reliefs sought by […]

Court of Appeal: Businessman loses appeal for discovery of information grounding search warrant

Court of Appeal: Businessman loses appeal for discovery of information grounding search warrant

A businessman whose premises were searched by the Gardaí on foot of a search warrant in 2014, has had his appeal dismissed in the Court of Appeal. The man had been refused an order for discovery of the relevant information in the High Court as he was not entitled to such, and the Court of […]

Advocate General Wathelet: ‘Spouse’ includes same-sex spouse for purposes of free movement

Advocate General Wathelet: ‘Spouse’ includes same-sex spouse for purposes of free movement

The term “spouse” includes a spouse of the same sex for the purposes of European free movement, even in member states whose laws do not provide for same-sex marriage, according to Advocate General Melchior Wathelet. Although member states are free to authorise marriage between persons of the same sex or not, they may not impede […]

High Court: Man who tripped under the Luas Bridge awarded €67,500

High Court: Man who tripped under the Luas Bridge awarded €67,500

A man who fractured his shoulder when he tripped on a stone block projecting from the Luas Bridge has been awarded €67,500 for disability and loss of function to his right arm. Declining to make any finding of contributory negligence on the part of the plaintiff, Mr Justice Barr awarded €40,000 for pain and suffering […]

High Court: Order for costs against Garda Ombudsman Commission quashed

High Court: Order for costs against Garda Ombudsman Commission quashed

An Garda Siochana Ombudsman Commission (GSOC) has been successful in an application for judicial review, quashing an order for costs against it made in Sligo District Court in 2013. In the High Court, Ms Justice O’Regan found that GSOC was not a party to the proceedings in the District Court, as it was clear that […]

Supreme Court: Applicants repatriated to Nigeria were not denied effective remedy

Supreme Court: Applicants repatriated to Nigeria were not denied effective remedy

A mother and her three children who arrived in Ireland in 2007, and who were deported to Nigeria in 2011 after a failed refugee status claim and an unsuccessful subsidiary protection application, have lost their appeal in the Supreme Court. The applicants sought to challenge a 2012 High Court ruling which refused to grant them […]

Court of Appeal: Irish Independent loses appeal against finding of contempt

Court of Appeal: Irish Independent loses appeal against finding of contempt

The Irish Independent has been unsuccessful in appealing a finding of contempt of court in publishing material that was calculated to create a real risk of an unfair trial. Delivering leading judgment of the Court of Appeal, Mr Justice John Edwards, with whom Ms Justice Finlay Geoghegan concurred, dismissed the appeal against the conviction – […]