Recent Superior Court cases cover bankruptcy, family law, land law, personal injuries, practice and procedure, property law, wardship and more.
Recent cases published on the Courts website are listed below.
Bankruptcy
Larkin, Michael Ian (As official assignee in bankruptcy in the estate of David Hill, a discharged bankrupt (no. 3870) and Orla Hill, a discharged bankrupt (no. 3871)) v Hill, David and Orla Hill
15/4/2024 Nos. 3870, 3871 [2024] IEHC 204
Bankruptcy - Respondents adjudicated bankrupt - Official Assignee seeks orders for the possession and sale of a family home - Second respondent objects on several grounds - Valuation of the property - Estoppel - Ss. 44, 85(3A), 61(4) and (5) of the Bankruptcy Act 1988 (as amended) - Court directs sale of the property in accordance with section 61, with a stay until July 2025
Family Law
J (L) v E (P)
23/2/2024 No. 2022/137 M [2024] IEHC 181
Family law - Divorce proceedings - Dependent children - Separation agreement - Relocation agreement to allow children to move to Ireland to live with the respondent - Proper provision - Maintenance - Division of pensions to include UK pension and pension in another country - Custody arrangements - Financial provision arrangements made
J (R) v K (E)
28/3/2024 No. 2023/83 CAF [2024] IEHC 185
Family law - Previous proceedings - Periodic maintenance order - Children now legally non-dependent - Spousal maintenance paid to the applicant - Respondent sought to vary this periodic maintenance to zero - Minor reduction ordered - Order appealed by respondent - Maintenance order in favour of the Applicant discharged
P (K) v P (L)
21/3/2024 No. 2023/266 [2024] IECA 63
Family law - Separation - Divorce - Litigation - Children - Custody - Access - High Court proceedings - High Court refused an application by the father for an enforcement order in respect of a High Court order providing for access by the father to the parties’ eldest child - Whether the respondent was responsible for the breakdown of contact between the parties’ eldest child and the appellant - Attendance at family therapy - Court appointed expert - Views of the child - Appeal dismissed
Land Law
McHugh, Harry v Minister for the Environment, Heritage and Local Government
11/4/2024 No. 2008/7621 P [2024] IEHC 191
Land law - Land - Legal owner - Land owner claims lands were illegally designated as a candidate special area of conservation (cSAC) - Plaintiff seeks declarations that the designation of the lands was null and void on the basis that the defendant unlawfully transposed certain EU Directives and Regulations into Irish law - Plaintiff seeking compensation for the depravation of the use and benefits of the lands - Application to strike out the proceedings pursuant to O. 19, r. 28 of the RSC - Case bound to fail - Proceedings struck out
Personal Injuries
Coughlan, Derek v CGR Construction Limited and Niall O'Sullivan – UNAPPROVED
16/4/2024 No. 2023/326 [2024] IECA 78
Personal injuries - Road traffic accident - Damages claim - Plaintiff a driver of a motor vehicle - Stationary in traffic - Vehicle rear-ended by defendants' lorry - Admission of liability - Personal Injuries Guidelines - General damages awarded in the sum of €90,000 - Quantum appeal - Approach taken to the assessment of damages - Whether the judge misdirected herself as to the appropriate category in the Guidelines - Whether the award was excessive - Appeal allowed - General damages awarded in the sum of €55,000
Practice and Procedure
McDonagh, Anne v Garda Siochana Ombudsman Commission
11/4/2024 No. 2023/468 JR [2024] IEHC 200
Practice and procedure - Judicial review application - Claim of assault - Report to Gardai - Failure to prosecute - Complaint made by the Applicant of alleged misconduct of members of An Garda Síochána with regard to the handling of an assault - Complaint found to be inadmissible as not having been made within twelve months of the events giving rise to the complaint - S. 84(1) of the Garda Siochana Act, 2005 (as amended) - Whether applicant entitled to extension of time - Application to proceed by way of judicial review dismissed
Glenveagh Homes Limited v Lynch, Pat and Denise Leavy (orse Denis Leavy, DM Leavy or D Leavy)
15/4/2024 No. 2023/1353 P [2024] IEHC 157
Practice and procedure - Planning and development - Sale of land - Plaintiff planning applications - Defendants objecting to many of its planning applications - Allegation that defendants were attempting a "shake-down" for extortion in an attempt to make planning concerns 'go away' - Defendants’ use of "fictitious aliases" to make submissions and appeals - Plaintiff seeking damages in the sum of €8million - Defendants seeking to have proceedings struck out - Whether the Aarhus convention, as part of EU law, provides the defendants with "absolute immunity from a suit of this nature" - Whether defendants unlawfully conspired to injure the plaintiff's business - Defendant's request to strike-out proceedings refused
Property Law
Maher, Michelle v Dublin City Council
11/4/2024 No. 98/2023 [2024] IESC 14
Property law - Derelict property - Agreement for purchase of the property from the Bank - Unregistered leasehold title - Property sold in exercise of the statutory power of sale in s. 21 of the Conveyancing Act 1881 - Property listed on Derelict Sites Register - Derelict sites levy unpaid by previous owner - Creation of the levy post-dated the Bank's mortgage - Whether charge would be 'overreached' by the sale of a mortgagee - Purchaser paid the amount outstanding under protest in anticipation of a later sale of the property - Declaration sought that the charge did not affect the land following the sale and the return of the monies paid by the purchaser under protest - Held that a statutory charge created by the Derelict Sites Act 1990 can be
overreached by a mortgagee exercising the statutory power of sale under the Conveyancing Act 1881
Wardship
P (T) (a ward of court), In the matter of
15/3/2024 No. WOC 9158 [2024] IEHC 175
Wardship - Inherent jurisdiction application - Order sought for detention, treatment and regular review - Respondent suffers with a general learning disability, autism spectrum disorder, has complex needs and challenging behaviours - Ordered that the respondent continue to reside and be detained at a certain placement - Continuation of detention - Reviews - S. 108 of the 2015 Assisted Decision-Making (Capacity) Act - 'Mental disorder' - Definition - s. 3 of the 2001 Mental Health Act - Medical evidence - Best interests - Submissions - Orders granted
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