Case Reports

Asylum seekers may not be subjected to a psychological test in order to determine their sexual orientation, the Court of Justice of European Union (CJEU) has determined. The performance of such a test, the court said, amounts to a disproportionate interference in the private life of the asylum seeke

The mother of a child who has been habitually resident with her in Ireland since 2009 has been successful in the Court of Appeal, where it was determined that the Courts of Ireland have full and primary jurisdiction to make determinations with regard to all aspects of the child’s best interests an

ed surge in such applications coming from certain third countries which are thought to present real security concerns?

A woman who pleaded guilty to stealing over €460K when she took over the running of her ill husband’s business in 2010, has been successful in an appeal against the severity of her sentence. Suspending the final 6 months of the 18-month sentence, Justice Birmingham said that the powerful mitigat

The DPP has had its application to review the sentence given to a burglar with 103 convictions dismissed in the Court of Appeal. Delivering the judgment of the three-judge Court, Mr Justice Edwards was satisfied that the sentencing judge had not been unduly lenient in giving the man a sentence of th

Austrian privacy campaigner Max Schrems can bring an individual action in Austria against Facebook Ireland, the Court of Justice of the European Union (CJEU) has ruled. However, he cannot bring proceedings on behalf of seven other users in Austria, Germany and India who assigned him their claims for

The State has been unsuccessful in its application to prevent a challenge to planning permission granted by An Bord Pleanala for the development of a quarry in Donegal. The State argued that the challenge amounted to an impermissible collateral attack on an earlier decision by Donegal County Council

In a judgment criticising affidavit evidence lodged by the Chief Constable of the PSNI for being “contradictory and unsatisfactory” in relation to the availability of documentation sent to the Police Ombudsman in the Ballast Report investigation, the Court of Appeal in Belfast held that the PSNI

A prisoner who suffered broken bones in his neck and back in a road traffic accident, and who allegedly missed hospital appointments in relation to the same, has had his application for judicial review refused in the High Court. Finding that the prison medical team had not been informed of the appoi

Applicants who were unsuccessful in their challenge to the planning approval for 300 pylons from Tyrone to Meath, have been denied leave to appeal the decision to the Court of Appeal. Criticising the applicants for protracting the proceedings with an overly optimistic application under s.50A(7) of t

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 con

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 t

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

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 al

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 Appeal up