Recent cases published on the Courts website are listed below.
Company Law
O'Callaghan, Noel v O'Callaghan, Paul and ors
28/4/2026 2025 3994 P [2026] IEHC 254
Company law - Arbitration - Shareholders' agreement - Control of company - Dispute - Arbitration agreement - Plaintiff issued proceedings seeking various reliefs - Defendants seeking a stay on the proceedings - Whether all disputes and differences between the parties should be referred to arbitration under Art. 8(1) of the UNCITRAL Model Law - Plaintiff argued that the shareholders' agreement was induced by misrepresentation and was void and of no effect therefore there was no valid arbitration agreement binding the parties - Court finds the plaintiff's claims in these proceedings involve disputes which are governed by the arbitration agreement and must therefore be referred to arbitration
O'Callaghan, Noel v O'Callaghan, Paul and ors
Contract
Tesco Ireland Limited v Multi-Home Retail Limited t/a Choice Stores
1/5/2026 No. 2026 415 P [2026] IEHC 276
Contract - Commercial lease - Licence agreement - Repudiation of contract - Plaintiff entered a licence agreement with the defendant for the defendant to run a homeware store for a period of 10 years in the plaintiff's supermarket - Plaintiff's application for interlocutory injunctive relief against the defendant to require the defendant to continue operating a loss-making store under a licence agreement - "Keep open clause" - Enforceability - Reputational damage - Whether damages would be an adequate remedy for the plaintiff - Public interest - Balance of justice - Application refused
Tesco Ireland Limited v Multi-Home Retail Limited t/a Choice Stores
Criminal Law
People (DPP) v I (W)
1/5/2026 No. 198CPA/2024 [2026] IECA 75
Criminal law - Offence of sexual assault - Applicant sentenced to 6 years imprisonment with 6 months suspended - Jury disagreement on other counts and a nolle prosequi was entered - Applicant appealed against his conviction - Conviction quashed - Application brought by the applicant seeking a certificate that he has suffered a miscarriage of justice - Newly discovered fact - Failure to retrieve and disclose additional material located on complainant's handset - Whether the failure constitutes a failure in the administration of justice or simply an error - Submissions - Application for a certificate refused
People (DPP) v D (M)
5/5/2026 No. 104/24 [2026] IECA 77
Criminal law - Conviction - Sexual offences against family members - Appellant given an effective sentence of eight years' imprisonment - Appellant appealing against conviction on various grounds including - Trial judge erred in law and/or in fact by allowing the prosecution to adduce evidence from another sister - Trial judge erred in law and/or in fact in failing to find that the trial was not fair and just in light of the lapse of time - Trial judge erred by failing to find that the accused had been deprived of a realistic opportunity of a number of obviously useful lines of defence by reason of the delay - Court rejected the grounds of appeal - Appeal dismissed
Immigration
K [G] v International Protection Appeals Tribunal and Minister for Justice
22/4/2026 No. 2025 377 JR [2026] IEHC 229
Immigration - Applicant arrived in the state from Ghana - Application for refugee status and subsidiary protection - Sexual orientation - Homophobic assaults - Fear of persecution - Application refused - Credibility issues - Challenge - Medical evidence - PTSD - Whether the IPAT failed to adequately consider medical evidence of PTSD in assessing the credibility of the applicant's claims of persecution - Decision of the Tribunal quashed - Case to be remitted to a different Tribunal member for a new determination on the application
K [G] v International Protection Appeals Tribunal and Minister for Justice
Alabi, Kamouru Abiodun v Minister for Justice; Seidler, Fabrico Cardoso v Minister for Justice
29/4/2026 Nos. 2024 959 JR; 2024 1305 JR [2026] IEHC 256
Immigration - Judicial review - Certificate of naturalisation - Applicants seeking to quash decisions refusing each applicant a certificate of naturalisation - Criteria - Good character - Whether the refusal decisions were vitiated by material error - Whether the applicants failed to meet the statutory requirement of being "of good character" due to previous convictions - Whether the respondent failed to have adequate regard to the passage of time since the relevant convictions - Court finds that the spent conviction provisions of the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 have no application to naturalisation applications - Applications for orders quashing the respondent's decisions refused
Alabi, Kamouru Abiodun v Minister for Justice; Seidler, Fabrico Cardoso v Minister for Justice
Ozek, Anan v Minister for Justice, Home Affairs and Migration
30/4/2026 No. 2024 1282 JR [2026] IEHC 253
Immigration - Judicial review - Employment law - Applicant a Turkish national - Employment rights - Association between the European Economic Community and Turkey - Turkish Association Agreement Rights - Immigration permissions and residence rights - Applicant challenging the Irish State's refusal to backdate her work and residence permission to the time she became entitled under EU law - Whether the Irish State is obligated to provide immigration documentation recording the date on which a Turkish national acquired EU employment rights under the Agreement - Whether the failure to correctly date the permission prejudiced the applicant - Judicial review granted in favour of the applicant
Ozek, Anan v Minister for Justice, Home Affairs and Migration
Personal Injuries
Conway, Patrick v O'Connell, Brendan
28/4/2026 No. 2021 6616 P [2026] IEHC 260
Personal injuries - Damages claim - Road traffic accident - Plaintiff walking on the street - Defendant's car, towing a trailer, overtook the plaintiff on his right - Trailer struck the plaintiff’s right ankle - Plaintiff stated that he put out his right arm to stop himself falling and struck the side of the trailer causing him to suffer a fracture of his right wrist - Liability - Court held that the defendant was negligent in his driving but also determined there must be a significant finding of contributory negligence on the part of the plaintiff for failing to keep a proper lookout - Damages awarded to the plaintiff in the sum of €39,000
Conway, Patrick v O'Connell, Brendan
Duggan, Kenneth v Logan, Trevor and Jason Tucker
29/4/2026 No. 2025 2894 P [2026] IEHC 266
Personal injuries - Damages claim - Road traffic collision - Unbraked truck had rolled into the plaintiff's van - Physical and psychological injuries - Fractured clavicle - Assessment of damages - Evidential conflicts - Whether the plaintiff would need any significant ongoing physiotherapy into the future - In the event of receiving a substantial award would the Department of Social Welfare reduce the plaintiff's disability allowance - Whether the plaintiff suffered any significant neck injury separate to the injury to his shoulder - Damages awarded to the plaintiff in the sum of €128,541 to include compensation for likely loss of disability allowance
Duggan, Kenneth v Logan, Trevor and Jason Tucker
Practice and Procedure
Aurich, Marlena and Scott Manning v Conroy, Michael, Martin Duffy, and ors
1/5/2026 No. 2026/4 [2026] IECA 70
Practice and procedure - Injunctions - Plaintiffs refused an injunction in the High Court restraining the first and second defendants from using herbicides on their lands which are adjacent to the plaintiffs' property - High Court found the couple had failed to establish a causative link between the neighbouring landowners’ activities and their medical complaints and refused the application on the ground that there was no bona fide issue to be tried Appeal - Plaintiffs allege violation of their constitutional rights and their continued survival was at risk due to the High Court's refusal to grant them an injunction - Whether the plaintiffs had raised a fair question to be tried - Court finds the plaintiffs have failed to demonstrate any error in the findings, analysis or conclusion of the High Court - Appeal dismissed
Aurich, Marlena and Scott Manning v Conroy, Michael, Martin Duffy, and ors
Prisoners
O'Brien, John v Governor of Cork Prison and ors, and Irish Human Rights and Equality Commission (notice party)
30/4/2026 No. 2025/106 [2026] IECA 68
Prisoner - Limitation of actions - Slopping out - Lack of in-cell sanitation - Compensation claim made under the Settlement Scheme - Appellant appealing against a decision of the High Court that he was not entitled to an offer under the Scheme because his claim was statute-barred - Whether the appellant is entitled to an effective remedy for breaches of constitutional and ECHR rights - Supreme Court ruling recognising slopping-out as a breach of prisoners' constitutional rights - Simpson v. Governor of Mountjoy Prison [2020] 3 IR 113 - Whether the appellant is precluded from making an argument about the lack of an effective remedy where he failed to challenge the constitutionality of the statutory provision relied upon by the respondents in treating his claim as statute barred - Decision of the High Court upheld - Appeal dismissed
Professional Misconduct
Teaching Council v Clancy, James
16/4/2026 No. 2026 156 MCA [2026] IEHC 265
Professional misconduct - Teaching registration - Applicant's application to the High Court for confirmation of the decision of the Panel of the Disciplinary Committee to remove the respondent from the teaching register - False representation - Provision of false teaching qualifications and experience - Professional integrity - Public interest - Order made confirming the decision of the Panel to remove the respondent from the register and to prohibit him from applying for restoration for a period of 10 years with liberty to notify equivalent teaching regulators in other jurisdictions
Teaching Council v Clancy, James
Property Law
Start Mortgages DAC v Simpson, Janette, and Holly Simpson, and any person in occupation of the property known as as Bryanlitter, Clontibret, Monaghan and compromised in Folio MN20535F
27/4/2026 No. 2024/33 [2026] IECA 67
Property law - Loan - Default - Order of possession granted in the Circuit Court - Appellants re-entered the property - Respondent issued trespass proceedings - Interlocutory injunction granted restraining appellants from trespassing on a property - Appellants appealing against an interlocutory injunction - Fair issue to be tried - Mortgage contract - Braganza v BP Shipping Ltd [2015] UKSC 17 - Whether the least injustice would be caused by permitting the appellants to remain in the property pending the determination of the proceedings - Court held that the injunction so granted would remain in force - Appeal dismissed
Public Law
Kiernan, John (orse John Duncan Morris) v Minister for Children, Equality, Disability, Integration and Youth; Marie Thornton v Minister for Children, Equality, Disability, Integration and Youth
16/2/2026 Nos. 2024 881 JR; 2024 1251 JR [2026] IEHC 258
Public law - Judicial review - Mother and Baby Institutions Payment Scheme Act 2023 - Institutions - Criteria for inclusion - Whether the respondent correctly applied the law when deciding not to include two institutions for inclusion under the Act - S.49(1) of the Act - Statutory interpretation - Statutory criteria - Whether exclusion from the Scheme constituted unequal treatment and breach of fundamental rights under European Convention on Human Rights - Court held that the respondent erred in law by not properly applying the statutory test when deciding not to include two the institutions for inclusion under the Act
Wills
Doyle, Frank v Doyle, Anne and Bridget Goodwin Doyle
29/4/2026 No. 2025 15 SP [2026] IEHC 285
Wills - Administration of estate - Distribution - Plaintiff seeking special summons to compel the defendants to distribute the estate in accordance with the true interpretation of the deceased's Will - Defendants seeking the trial of a preliminary issue - Limitation period - Whether the plaintiff's claim is statute-barred by reason of s. 45 of the Statute of Limitations 1957 - Whether the plaintiff has a "right to receive" property immediately on the death of the deceased - Court held it could not be said that the plaintiff's proceedings had been brought outside of the limitation period in s. 45 of the Statute of Limitations - Application refused
Doyle, Frank v Doyle, Anne and Bridget Goodwin Doyle
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
