Case Reports

Parents who lost custody of three of their children pursuant to wardship and return orders made in England and enforced by orders of the High Court have successfully appealed against a later decision which held that their right to appeal was out of time. Stating that purported service of the notice

A man who entered the state illegally in 2004, and made over €30,000 in false welfare claims prior to acquiring Romanian nationality in 2016, has had his application for judicial review refused in the High Court. Refusing to quash the removal and exclusion orders made against him, Mr Justice Ma

A 68-year-old man who was knocked off his bicycle when he attempted to enter an access road from a pedestrian pathway has had his claim for personal injuries dismissed. Concluding that the real and proximate cause of the accident was the man's use of the pedestrian pathway as a cycleway and his fail

A woman who had her application for criminal injury compensation refused due to the "same household rule" has succeeded in the Northern Ireland Court of Appeal. Dismissing the cross-appeal brought by the Department of Justice, the Court said that there was "no justifiable, rational or lawful ground

The Minister for Justice and Equality must reconsider a family reunification case after the High Court found six key administrative law deficiencies in the decision-making process. Two children, residing in Ethiopia with their elderly father, submitted applications for "join family" visas so that th

A man who was refused permission to land at Dublin Airport based on the finding by an immigration officer that he was coming to Ireland to enter a "marriage of convenience" has been refused all reliefs sought in the High Court. Finding that the Oireachtas clearly contemplated that a search done purs

A co-parenting father-of-three who was assessed by Dublin City Council as a single person household needing a one-bedroom unit has had his application for judicial review dismissed in the High Court. In its decision-making process the Council considered, inter alia, the "under-utilisation of its hou

A man sought by Polish authorities under a European Arrest Warrant (EAW) can be surrendered despite systemic and generalised deficiencies in the courts of Poland presenting a risk to the fundamental right to a fair trial being breached, the High Court has ruled. Following a referral to the Court of

A man who sought to set aside the judgment and order of the Court of Appeal, alleging that Senior Counsel for the receiver misled the Court in relation to the admission of new evidence granted in an earlier hearing, has had his application refused by the Court of Appeal. Stating that it was regretta

A firm that developed a quarry on lands in County Laois on the basis of an exclusive licence with the landowner has been granted permanent injunctions restraining the owner from interfering with their business. The quarry firm and the landowner entered into the licensing agreement and planning permi

A woman who has rented a property in Dublin for over 13 years has been given an opportunity to reformulate her claim against the State and vulture fund Promontoria, which took charge over the property in September 2015. While accepting that Promontoria was not the woman’s landlord, Mr Justice

A greyhound owner who brought an application for judicial review of a decision taken by the Control Appeal Committee of the Irish Greyhound Board has had his application dismissed in the High Court. The Appeal Committee had dismissed the man's appeal against a finding that a prohibited substance was

A man who left school at the age of 15 to work on the family farm, and who was promised a 90 acre plot by both his father and mother before their deaths, has successfully challenged his mother's will in which he was left just three acres after a family rift involving his in-laws. Finding that the ma

A former councillor who received €80,000 in allegedly corrupt payments from a developer has had his convictions quashed by a 4:1 majority in the Supreme Court. Finding that the reverse burden of proof imposed on the accused to disprove the allegation the payments were corrupt was a "clear inroa

A doctor who worked as a senior house officer (SHO) in obstetrics and gynaecology at University Maternity Hospital Limerick (UMHL) has been suspended from the Register of Medical Practitioners due to a lack of basic medical knowledge and competence. Within days of taking up a position in obs and gyn