Case Reports

A group of residents, who sought declarations that work carried out by Dublin Airport Authority in preparation for a new runway was unauthorised development, have lost their application in the High Court. Sympathising with the applicants’ concerns, Mr Justice Max Barrett accepted that removal of a

A property developer who had an order of specific performance and damages in excess of €300,000 made against him has lost his appeal to the Supreme Court. Delivering the unanimous judgment, Ms Justice Iseult O’Malley was satisfied that the trial judge had not erred on the facts or the law; and h

An asylum seeker who had adverse credibility findings against him in the Refugee Appeal Tribunal has been granted an order of certiorari, quashing the Tribunal’s decision. Overturning the decision of the High Court to uphold the Tribunal’s findings, the Court of Appeal found that, in making an a

A woman who was refused refugee status after a papers-only appeal to the Refugee Appeals Tribunal, has successfully appealed the tribunal’s findings. Allowing her appeal, and refusing the State’s cross-appeal, Mr Justice Michael Peart found that the woman had not been afforded the opportunity to

The Board of Management of a National School in Dublin has been granted orders of certiorari quashing decisions which effectively directed the school to enrol a child in an oversubscribed class. Stating that this was “manifestly unfair” to the other unsuccessful pupils, Mr Justice Coffey agreed

Receivers appointed to a development company that had agreed with Dunnes Stores that it would be the “anchor” store in a Dublin development have successfully argued that they complied with the requirements of an agreement which obliged Dunnes to pay over €15 million plus interest. Criticising

The Scotch Whisky Association’s appeal against the legality of Scotland’s minimum pricing regime has been unanimously dismissed by justices in the Supreme Court who found its enabling legislation does not breach EU law and that it is a proportionate means of achieving a legitimate aim. The Scott

A Trust in Northern Ireland which agreed to a post-adoption care plan consisting of twice-yearly direct contact, and twice-yearly indirect contact, has been criticised for agreeing to an “excessive” amount of contact granted to parents guilty of child cruel and neglect, and for “the manner and

Former Justice Minister Alan Shatter has been successful in appealing the decision of the Data Protection Commissioner, who found that the former TD had breached the Data Protection Acts when he alleged that Mick Wallace TD had dodged penalty points for using his phone while driving. Mr Justice Meen

A finding of the High Court that the the Department of Justice (DOJ) had failed to provide sufficient funding to the Office of the Police Ombudsman for Northern Ireland (PONI) has been overturned on appeal. Emphasising that the Police (NI) Act 1998 provided the DOJ with the discretion to provide sum

A “disaffected” former member of the Church of Scientology has successfully had a perpetual injunction against him dissolved in the High Court. Considering Szabo, Justice Noonan held that the man’s behaviour did not amount to a substantial risk – and that in any event, the plaintiff was not

A man who argued that he was the true owner of premises his father had mortgaged, and over which the bank had appointed a receiver, has lost his application to the High Court for possession. Finding that the plaintiff had perjured himself in claiming that he had paid his father for an ownership inte

A man arrested in Ireland on foot of two European Arrest Warrants has successfully objected to his surrender to the UK, due to the risk of him being subjected to inhumane and degrading treatment in Maghaberry Prison. Directing the Minister for Justice and Equality to seek further information regardi

An investment fund which bought billions of euros worth of property loans in the State has been granted a summary judgment against former AIB bankers in “highly unusual circumstances” which involved the recusal of Mr Justice Max Barrett ex post facto due to his involvement with IBRC. Agreeing wi

Two objectors who unsuccessfully applied to the High Court for judicial review of the decision by An Bord Pleanála to grant planning permission for an Apple Data Centre in Athenry, have been refused leave to appeal. Rejecting all proposed points, Mr Justice McDermott held that the applicants sought