Case Reports

A man who brought judicial review proceedings challenging the decision to affirm a removal order made against him and an exclusion period of ten years has had his proceedings dismissed as an abuse of process. The man had re-entered the State in breach of his exclusion order for a second time when he

The decision to grant planning permission for a large-scale housing development in Blackrock, Co Dublin, has been set aside in the High Court. Rejecting An Bord Pleanála’s argument that the breach of regulations was de minimis and didn’t affect the validity of the decision to gran

A man who took out a €190,000 mortgage to purchase property which he mistakenly believed to be in the ownership of a solicitor in 2008 has had his application for judicial review dismissed in the High Court. Finding no error in the decision taken by the Law Society of Ireland to award compensat

A man accused of offences relating to a car bomb in 1972 which killed two members of the UDR has lost an appeal against an order for his surrender on foot of a European Arrest Warrant. Finding that the question of whether the prosecution of John Downey would be an abuse of process due to the “

A school has lost its appeal against the finding that a teacher who signed a “fixed term” contract two years after she began teaching in the school was unfairly dismissed when her contract was terminated. Finding that the contract was void because it purported to waive the statutory prot

The Chief Constable of the PSNI has lost an appeal against the decision that the brother of a 13-year-old boy who was murdered in 1976 had a legitimate expectation that an overarching investigation into collusion would be carried out by an independent police team. Stating that it was the Chief Const

A property developer who was ordered to pay €76K to a firm of solicitors on foot of a summary summons for professional fees owed has successfully appealed the summary judgment granted against him in the High Court in 2013. Finding that the trial judge erred in concluding that two of the issues

The Electricity Supply Board have been granted an order directing a property arbitrator to state a case on a point of law to the High Court. Finding that the question raised by ESB regarding landowners being “doubly compensated” for the construction of electric lines was a "real and sign

A man who was awarded €96,403 in personal injury proceedings against Tallaght Hospital has had his award upheld by the Supreme Court. The hospital argued that the claim was statute barred in circumstances where the hospital’s omission to carry out a CT scan occurred in 2007, and the perso

A woman who was fifteen when she is alleged to have been involved in a violent attack in which a seventeen-year-old boy was stabbed and beaten, has failed to halt the further prosecution of criminal charges pending against her. Finding that there was no culpable or blameworthy prosecutorial delay, M

A man convicted of sexually assaulting a woman who was sleeping at a house party has lost his challenge to the decision taken by the Minister for Justice and Equality to make a removal order against him in addition to imposing on him a five year exclusion period. The man had moved to Ireland in 2005

Two former Independent News and Media directors who are pursuing litigation against the company have been granted an order permitting them to use affidavit evidence which had been furnished to them in relation to proceedings between INM and the Director of Corporate Enforcement. Finding, inter alia,

A man who entered into an agreement with his parents in 1996 wherein he purchased a house for them through a tenant scheme, has lost his application to strike out proceedings brought against him by his sister.  The man’s sister is seeking to set aside the conveyance of the house to him in

A woman who was refused refugee status and declared ineligible for subsidiary protection has lost an application for judicial review of an International Protection Appeals Tribunal decision. Finding that the risk of prosecution for “irregular exit” from Algeria did not amo

The High Court has made an order for the return of two children who were wrongfully removed from Canada without their father’s consent in February 2019. Rejecting all of the individual objections raised by the children’s mother, Ms Justice Aileen Donnelly said none of