Case law update - 1 December

Recent Superior Court cases cover costs, European Arrest Warrants, financial services, immigration, injunctions, landlord and tenant, personal injuries, planning and development, practice and procedure and more.

Recent cases published on the Courts website are listed below.

Costs

Heather Hill Management Company CLG and Gabriel McGoldrick v An Bord Pleanala, Burkeway Homes Limited and Attorney General (notice parties)

10/11/2022 No. 03/22 [2022] IESC 43

Costs - Appeal - Special costs rules - Planning and development proceedings - Residential development - Grant of permission - Challenge - Environment (Miscellaneous Provisions) Act 2011 - S. 50B of the Planning and Development Act 2000 - Scope - Interpretation - Habitats Directive - Flood risk - Costs orders - Normal rules - Legal actions - Exemptions - Costs protection - Court of Appeal order set aside - Appeal allowed

 

European Arrest Warrant

Minister for Justice and Equality v Radionovs, Sergejs

27/7/2022 No. 2021/360 EXT [2022] IEHC 614

European arrest warrant - Applicant seeking order for the surrender of the respondent to Republic of Latvia - Prosecution for alleged robbery-type offences - Respondent objects to his surrender - Prosecutor lacks judicial authority - Inordinate delay in the requesting state - Breach of human and/or family rights - Order made surrendering the respondent to the Latvian Republic

Minister for Justice and Equality v Radionovs, Sergejs

27/7/2022 No. 2021/369 EXT [2022] IEHC 615

European arrest warrant - Applicant seeking the surrender of the respondent to Republic of Latvia - Service of sentence - Further court hearing - In absentia hearing - Police supervision - Non-attendance - Conversion of sentence to imprisonment - Information not given to the respondent - S. 45 of the European Arrest Warrant Act 2003 (as amended) - Breach of rights - Order made refusing the application for surrender

 

Financial Services

Dowling, Gerard, Padraig McManus and ors v Minister for Finance, and Permanent TSB plc (formerly Irish Life and Permanent plc) (notice party)

8/11/2022 Nos. 2014/871, 2014/872, 2014/873, 2014/874 [2022] IECA 256

Financial services - High Court proceedings - Direction order - Sale of Irish Life Limited and its subsidiaries (Irish Life” to the Minister for Finance - Appeal - Whether appellants have locus standi to set aside or vary Direction order - S. 11 of the Credit Institutions (Stabilisation) Act, 2010 (as amended) - Shareholders - Foss v Harbottle [1843] 2 Hare 461- EU treaties and EU law - Appeals dismissed

 

Immigration

G (T) v International Protection Appeals Tribunal and Minister for Justice and Equality

9/11/2022 No. 2020/564 JR [2022] IEHC 618

Immigration - Applicant seeking order of certiorari to quash the decision of the Tribunal to affirm a recommendation that the applicant should not be given leave for a refugee declaration order and a subsidiary protection declaration - Zimbabwean national - Application for subsidiary protection - Political party - Membership - Torture - Application refused - Appeal - Documentation -  Lack of medical evidence - Credibility findings - Appeal refused

O v Minister for Justice

9/11/2022 No. 2021/114 JR [2022] IEHC 617

Immigration - Application for certiorari challenging the decision of the respondent refusing the applicant’s application for family reunion with his non-marital partner - Nigerian national - Application for international protection - Marriage to EU national - Separation - Marriage of convenience - Applicant asserts it is a genuine marriage - Applicant declared a refugee - Application for family reunification with non-marital Nigerian partner and children - Reunification with children granted - Non-marital partners covered by a separate policy - Constitutional rights - European Convention on Human Rights - Breaches - S. 56 of the International Protection Act 2015 - Application for certiorari refused

S (E) v International Protection Appeals Tribunal and Minister for Justice

4/11/2022 No. 2021/947 JR [2022] IEHC 613

Immigration - Judicial review - South African national - Attacks - Robberies - Risk of harm from police - Fear of persecution - Application for international protection refused - Safe country of origin - State protection available - Decision challenged - Failure to apply correct legal test - Failure to properly reason the decision - Lack of rationality - S. 31 of the International Protection Act 2015 - Grant of temporary permission - Whether applicant was entitled to maintain his claim for protection status - Application for judicial review dismissed

 

Injunction

McGirr, Eamonn and Fiona Fleming v Everyday Finance DAC and David O'Connor

4/11/2022 No. 2021/3528 P [2022] IEHC 612

Injunction - Application for interlocutory injunction - Restrain sale of secured properties - Loans - Buy-to-let properties - Default -  Appointment of receiver - Sale of properties - Plaintiff seeks to restrain sale of two properties - Indebtedness - Dispute - Entitlement to sell properties - Whether plaintiffs have raised a fair issue to be tried - Injunction sought by plaintiffs granted

 

Landlord and Tenant

Duggan, Richard v Supermacs Ireland Limited

10/11/2022 No. 2021/245 S [2022] IEHC 630

Landlord and tenant - Unpaid rent - Plaintiff application for summary judgment against the defendant - Plaintiff in arrears on loan repayment - Receiver appointed - Payment of rent to receiver - Sale of property - Plaintiff's entitlement to rent - Defendant disputes debt - Property in receivership - Whether receiver entitled to arrears of rent - Plaintiff's application refused

 

Personal Injuries

McDermott, Myles v Teagasc The Agricultural and Food Development Authority

4/11/2022 No. 2017/9021 P [2022] IEHC 607

Personal injuries - Claim - Independent contractor - Bovine embryologist - Cattle - Pregnancy testing - Restraint of animal - Cattle crush - Neck brace - Protection - Iron bar - Safety feature - Conscious decision not to use bar - Cow became fretful - Release of neck brace - Cow fell on plaintiff causing injury - Sudden release - Failure to warn - Evidence - Submissions - Plaintiff claim dismissed

Keating, Margaret v Mulligan, Martin - UNAPPROVED

9/11/2022 No. 2020/48 [2022] IECA 257

Personal injuries - High Court proceedings - Application to dismiss refused - Appeal - Aggravated damages award - Luas tram - Collision with taxi - Passenger struck her shoulder on upright bar - Injuries sustained - Medical report - Subsequent accident on Luas - Non-disclosure - Fraudulent claim - S. 26 of the Civil Liability and Courts Act, 2004 - Appeal dismissed

 

Planning and Development

Friends of the Irish Environment CLG v Government of Ireland and ors

9/11/2022 No. 1/2022 [2022] IESC 42

Planning and development - Project Ireland 2040 - National planning network - National Development Plan - Adoption of plans - Validity -  Environment - Protection - Assessment of effects - Failure to meet requirements - Strategic Environmental Assessment Directive (SEA Directive) - Scope of Directive - Interpretation - Questions referred to the CJEU

 

Practice and Procedure

Grant Thornton (a firm) and Grant Thornton Corporate Finance Limited v Scanlan, Gerardine

17/10/2022 No. 2015/9954 P [2022] IEHC 610

Practice and procedure - Discovery - Motion - Application by the defendant to compel the plaintiff to provide further and better particulars and an application for discovery - Previous proceedings - Data access request - CD - Proprietary information - Confidential information - Request for return of CD and an undertaking that the information would not be disseminated - Refusal - Data protection - Injunctive relief - Categories of discovery - Order for discovery made

Fennell, Ken v Gilroy, Ben, Anderson Prado and ors

9/11/2022 No. 2021/50 [2022] IECA 258

Practice and procedure - Properties - Loans - Mortgages - Default - Receivership - Appointment of receiver - Challenge - High Court proceedings - Judgment and order - Dismissal of appellant's counterclaim - Injunctions restraining defendants from obstructing plaintiff/receiver from exercising his powers and functions as receiver over two properties - Appeal of decision - Whether appellant has locus standi to challenge appointment - Appeal dismissed

Bogusas, Andrius v Minister for Health, Revenue Commissioners and ors

26/10/2022 No. 2021/316 JR [2022] IEHC 621

Practice and procedure - Revenue - EU law - Free movement of goods - Customs - Seizure - Hemp oil preparations - Importation - Tetrahydrocannabinol (THC) - Levels - Analysis - Restrictions - Risk assessment - Review - Applicant seeking order setting aside seizure and forfeiture - Challenge - Delay - Expiry of time limit - Extension of time - Application dismissed

 

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