Case Reports

The High Court has refused to certify questions for appeal following its quashing of An Bord Pleanála’s decision to grant planning permission for the development of 131 apartments in Clontarf. Delivering judgment for the High Court, Mr Justice David Holland considered inter alia that th

The High Court has answered an appeal by way of case stated concerning whether the Tax Appeals Commission was correct to find that a quarry business had not transferred to a company incorporated for the purpose of operating that quarry business. Delivering judgment for the High Court, Mr Justice Bri

The Court of Appeal has dismissed an appeal concerning an allegedly champertous contingency fee arrangement between Revenue and its solicitors. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy agreed with the respondent that its fee arrangements were not champertous, that costs

The High Court has granted an injunction restraining the minister for justice from implementing a decision to suspend applications made by him on behalf of high net worth parties under the Immigrant Investor Programme. Delivering judgment for the High Court, Mr Justice Anthony Barr emphasised: &ldqu

The High Court has refused leave to appeal an order of certiorari quashing planning permission for a strategic housing development in Heuston South Quarter. Delivering judgment for the High Court, Ms Justice Emily Farrell found that none of the points raised by the notice party in relation to pleadi

The Court of Appeal has dismissed an appeal against conviction in respect of a continuum of abuse perpetrated against five sisters between 1986 and 2001 Delivering judgment for the Court of Appeal, Mr Justice Patrick McCarthy was satisfied that the trial judge had properly refused to sever the indic

The High Court has made a differential costs order against a woman who was the subject of domestic violence in circumstances where, being unable to secure the attendance of her doctors at trial, she failed to remit the proceedings to the Circuit Court. Delivering judgment for the High Court, Ms Just

The Court of Appeal has on appeal dismissed proceedings concerning the alleged mis-selling of a pension backed mortgage product as statute-barred. Delivering judgment for the Court of Appeal, Ms Justice Caroline Costello opined: “The damage the deceased suffered by entering into the transactio

The Court of Appeal has dismissed the government’s appeal against the High Court’s refusal to consider a preliminary issue as to whether the exercise of the executive power concerning the external security and relations of the State was justiciable. Delivering judgment for the High Court

The Supreme Court has allowed an appeal against sentence by an individual who was only 14 years of age when he murdered a mother-of-two at the International Financial Services Centre in 2021. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Malley determined: “A sentencing

The Supreme Court has determined that the anonymity rules in respect of child offenders under s.93 of the Children Act 2001 continue to apply where majority is attained during the criminal process and last beyond the conclusion of the proceedings. Delivering judgment for the Supreme Court, Ms Justic

The High Court has declared that a prisoner suffering with paranoid delusions lacked capacity to decide to refuse food, water and medical treatment. Delivering judgment for the High Court, Mr Justice Mark Heslin found that the making of the orders sought “is both a necessary and a proportionat

The European Court of Justice (ECJ) has answered questions posed by the Irish High Court as the interpretation of Article 4(4)–(6) of Directive 2011/92 and the obligations arising where information received from third parties during the planning process raises doubt as to the potential environ

The High Court has allowed an appeal by Debenhams Retail (Ireland) Limited against findings made in favour of a former employee in her test case before the Labour Court. Delivering judgment for the High Court, Mr Justice Anthony Barr opined that although the notification by Debenhams’ parent c

The High Court has dismissed a cattle dealer's action alleging negligence and breach of contract against his former solicitor in relation to the handling of failed 2015 proceedings. Delivering judgment for the High Court, Mr Justice Alexander Owens determined that “Finbar Tolan has not proved