Case law update - 29 September

Recent Superior Court cases cover costs, practice and procedure, discovery, environmental law, judicial review, wardship and more.

Recent cases published on the Courts website are listed below.

Costs

Bespoke Capital AG v Altum Capital Management LLC

28/7/2022 No. 2021/5165 P [2022] IEHC 524

Costs - Companies - Security for costs - Defendant motion seeking order that the plaintiff provide it with security for costs - Foreign limited liability company - O. 29 of the RSC - S. 52 of the Companies Act 2014 - Impecuniosity - Jurisdiction - Residence - Criteria - S. 390 of the Companies Act 1963 - Order for security costs granted by the court

 

Practice and Procedure

B (A) v Children's Health Ireland (CHI) at Crumlin - UNAPPROVED

23/9/2022 No. 2021/328 [2022] IECA 211

Practice and procedure - Discovery - Genetic testing - Disorder - Results - Confidentiality - Specific instruction - Plaintiff did not wish her test results to be communicated to her father - Disclosure to parents and third party doctor - Negligence - Personal injury claim - High Court order - Category of discovery - Family communications records - Sensitive and private communications - Privacy - Hospital seeking voluntary disclosure - Plaintiff appealing against High Court order - Appeal dismissed

Right to Know CLG v Commissioner for Environmental Information and Raheenleagh Power DAC (notice party)

21/9/2022 No. 2021/103 [2022] IECA 210

Practice and procedure - Environmental law - Wind farm - Provision of electricity - Public access to information - Private operator - Information request - European Communities (Access to Information on the Environment) Regulations 2007-2008 - Request refused - Appeal of decision to the Commissioner for Environmental Information - Whether private operator a public authority - Art. 2(2) of Directive 2003/4/EC - Commissioner's decision that private operator not a public authority - High Court appeal - High Court held that private operator a public authority - Appeal of decision - Issues for determining - Appeal allowed

Oval Topco Limited, Mater Private Hospital Unlimited Company and ors v Health Service Executive

20/9/2022 No. 2020/5180 P [2022] IEHC 522

Practice and procedure - Hospitals - Private hospital operators - Agreement - Heads of terms - Alleged breaches - Payments - Entitlement - Covid-19 pandemic - Additional hospital capacity - Counterclaim - Overpayment - Syndicated loan - "Operational costs" - Reimbursement - Related party loan - Interest payments - Orders made

Zilinkskas, Marius v Governor of Mountjoy Prison and Superintendent of Buncrana Garda Station

24/5/2022 No. 2020/774 JR [2022] IEHC 521

Practice and procedure - Judicial review - Road traffic offences - Committal warrant - Arrest - Incarceration - Applicant seeking reliefs - Order of certiorari quashing decision to arrest applicant - Order of prohibition restraining the respondents from incarcerating the applicant - Delay in arresting the applicant - Reliefs refused

 

Wardship

D (J), In the matter of

24/8/2022 No. WOC11127 [2022] IEHC 518

Wardship - Ward of court - 19-year-old man - Residential care - Mental illness - Bipolar affective disorder - Medical evidence - Psychiatrists - Capacity - Assessment - Medication - Conduct - Inappropriate behaviour - Living situation - Termination of placement - Whether respondent lacks capacity - Respondent admitted in to wardship

 

Coverage: All reserved written judgments published by the Courts Service are indexed on the Library Catalogue where they can be searched by party name, judge, subject, keyword and other filters. Members may log in to the catalogue with their solicitor number and library PIN, available by emailing libraryenquire@lawsociety.ie