Case Reports

A member of An Garda Síochána who has been suspended from operational duties while on 90 per cent pay due to an incident involving a foreign national in custody has lost an appeal against the continuation of disciplinary proceedings against him. Finding that the Garda authorities were not preclude

An application brought by the Government of Ireland to revise the Ireland v United Kingdom ruling delivered in 1978 has been dismissed by the European Court of Human Rights. The request, based on two grounds of revision, was dismissed by 6-1, with Irish judge Síofra O’Leary providing a dissentin

The Supreme Court has held that in circumstances where an applicant seeking asylum has not provided an address, placing a deportation notice on file does not constitute “service by registered post at the last known address” for the purposes of the Immigration Act 1999. Criticising the applicant�

The High Court has referred two questions for determination to the CJEU, based on the finding that there has been a systemic breach to the rule of law in Poland. Stating that the recent legislative changes in Poland had an impact on fair trial rights, and were in breach of Article 2 of the Treaty on

A man who lodged a cheque to Danske Bank, which was dishonoured after he obtained a draft of €63,000 from the account in which he had lodged it, has lost an appeal against an order permitting the planitiff to amend their statement of claim to include an affidavit supporting damages for unjust enri

A company which was refused planning permission for one of the tallest windfarms in the country, has been unsuccessful in its application for judicial review of the decision of An Bord Pleanála. In the High Court, Mr Justice Twomey refused to grant the applicants an order for certiorari of the Boar

A man who was convicted of burglary has had his conviction quashed by the Supreme Court, on the basis that he had been deprived of a fair trial. Allowing the appeal, Justice Iseult O’Malley said that the defence was entitled to notice of the DPP’s evidence, and that “course taken by the prosec

A woman whose husband died over 30 years ago and has not had an Article 2 ECHR compliant investigation into his death has successfully argued that the decision of former First Minister, Arlene Foster, not to permit a paper on legacy inquests to go before the Executive Committee was unlawful. Directi

The Supreme Court has reversed the High Court’s finding that the unborn is a child for the purposes of Article 42A of the Constitution. Delivering a lengthy judgment from the seven-judge Court, Chief Justice Frank Clarke held that there was nothing in statute or common law to support the High Cour

DPD have successfully appealed a Court of Appeal ruling to the extent that the Supreme Court has substituted the award of €57,000 in interest payable to a former franchisee for a figure of €26,000. Writing in his judgment, Mr Justice O'Donnell endorsed the Court of Appeal of England and Wales de

The arbitration clause in the agreement between the Netherlands and Slovakia on the protection of investments is not compatible with EU law as it removes from the mechanism of judicial review of EU law disputes which may relate to the application or interpretation of that law. In 1991 the former Cze

A retired member of An Garda Síochána has lost an application for discovery of all documents considered by the Minister for Justice and Equality in a decision to refuse his claim for compensation. Stating that the issue arising in the judicial review proceedings brought by the former Garda was the

A man who was convicted of committing grievous bodily harm with intent has lost an appeal against his conviction, which he contended was unsafe due to irregularity in the trial judge’s taking of the jury’s verdict. Finding that the conviction was safe, Lord Chief Justice Declan Morgan was satisf

Stapleford Finance Designated Activity Company have been refused an application for summary judgment of almost €17m against a man who allegedly breached the terms of a deed of settlement which was agreed in 2014. Finding that Stapleford’s application did not satisfy the Aer Rianta threshold, Mr

A father and son who had €20,000 in cash seized by the Criminal Assets Bureau have successfully argued that the cash should have been excluded from evidence as it was unconstitutionally obtained on foot of an invalid search warrant. Ms Justice Iseult O’Malley emphasised that the Court should not