Case Reports

The European Court of Human Rights has ruled that the Irish Government did not violate the property rights of a mussels company by the way it had complied with EU environmental legislation. The case was brought by O'Sullivan McCarthy Mussel Development Ltd, a company based in Killorglin which cultiv

The High Court has found that it is entitled, of its own motion, to consider granting bail to a man sought for surrender pursuant to a European Arrest Warrant. Where the man had not made an application for bail, but where it was almost certain that he would be further remanded pending the outcome of

Judicial review proceedings brought by a former prisoner who was subject to screened visits when granted status as a protected prisoner in Mountjoy Prison have been ruled moot. Concluding that the proceedings had been rendered moot, Mr Justice Gerard Hogan said that it would be inappropriate to pron

Justice Minister Charlie Flanagan is expected to propose new appointments to the Court of Appeal bench this week following a public plea from the court's president, The Irish Times reports. Shortly after being sworn in, Mr Justice George Birmingham called for urgent appointments to address the long

The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex, the Court of Justice of the European Union has ruled. Although the member states have the freedom whether or not to authorise marria

Independent News and Media (INM) have had their application for judicial review of a decision taken by the Office of the Director of Corporate Enforcement (OCDE) dismissed by the High Court. Stating that INM’s argument that it had a right to be consulted prior to the institution of legal proceedin

A man who was said to have been in a state of drug-induced psychosis when he fatally stabbed his mother in 2011, has had his appeal against his conviction dismissed by the Court of Appeal. Dismissing all four grounds raised by the man, Mr Justice Edwards said that the trial judge's directions to the

A lift installation company responsible for the maintenance of lifts at the Bank of Ireland offices in Dublin have been unsuccessful in their application to set aside a third party notice which was served on them in relation to personal injury proceedings. The proceedings involve a woman who was inj

St Patrick’s Archdiocesan Trust have been granted an order for possession of a seven-and-a-half-acre field in Newry which was being used by a woman to keep ponies. The woman, who has been a tenant in a house adjacent to the field since 2004, claimed that she and her husband were entitled to advers

A man who was arrested by immigration officers in 2011 has been awarded €7,500 in compensatory damages for the tort of false imprisonment and for injury caused as a result. Stating that it had been established that the man was unlawfully deprived of his liberty and was falsely imprisoned, Ms Justi

The Court of Appeal has concluded that, in the period between 2001 and 2012, there was no culpable delay on the part of the Senior Coroner or the Coroner in conducting the inquest into the death of Pearse Jordan. Upholding the finding of the High Court, Lord Justice Deeny found that the Coroners wer

Three serving Gardaí have been granted orders of certiorari in the High Court, quashing the decision of the Commissioner of An Garda Síochána to substitute the presiding officer of the Board of Inquiry into their alleged breaches of discipline. The Board of Inquiry was established in 2014, and ha

Members of a hillwalking association in County Wicklow have lost an appeal against a declaration that private lands were not subject to any public right of way. The contested route had been subject to dispute between the Enniskerry Walking Associationand the private land-owner, which apparently esca

The sister of a 15-year-old boy who was killed by a soldier in 1972 has been granted an order quashing the decision of the Director of Public Prosecutions not to prosecute the soldier who shot him. Daniel Hegarty “posed no threat to anyone” when he was shot twice in the head without warning, and

The High Court has made a further request for a preliminary ruling the CJEU regarding the effect of Brexit on EU citizens who have been ordered for surrender to the UK under European Arrest Warrants. Explaining that there was no mandate on the CJEU to “act without delay” on the reference already