Recent cases published on the Courts website are listed below.
Criminal Law
People (DPP) v O'D (S)
19/12/2025 No. 245/2024 [2025] IECA 301
Criminal law - Offences of rape and sexual assault - Concurrent sentences - Appeal against conviction - Forensic evidence - Failure of the trial judge to direct an acquittal or stay the proceedings due to circumstances where certain material was not available to be tested for DNA evidence - Whether the actions of the complainant negated the possibility that the appellant could have established that his DNA was not on the items worn by the complainant at the time of the offences - Whether the within proceedings are an attempt to argue a new point which was not raised on behalf of the defence at trial - Appeal dismissed
People (DPP) v Murray, Martin
26/1/2026 No. 10/2024 [2026] IECA 14
Criminal law - Drug offences - Importation of a controlled drug and unlawful possession of a controlled drug for the purpose of sale or supply - Appeal against conviction - Applicant seeking to introduce a new ground of appeal - Prosecution led in inadmissible hearsay evidence of a prejudicial nature that the Gardai had received confidential information relating to the appellant and his lorry - Whether the trial judge further erred in referring to this confidential information in his charge to the jury - Court finds no injustice would be worked by refusing to permit amendment - Appeal dismissed
People (DPP) v Tuthill, Jason
28/1/2026 140/2025 CJA [2026] IECA 15
Criminal law - Sentencing - Drug offences - Sentence of 3 years imprisonment suspended for a period of 5 years - Applicant seeking review of sentence on the grounds of undue leniency - Whether the trial Judge erred in principle by failing to properly evaluate and assess the mitigation offered on behalf of the respondent in terms of its being 'exceptional and specific' in the circumstances of the case - Whether the reduction of the headline sentence to the actual sentence imposed was unwarranted and disproportionate in its scope - Suspension of the sentence imposed in its entirety was unwarranted and unduly lenient in the circumstances of the case - Submissions - Court finds sentence imposed was a substantial departure from that which ought to have been imposed - Appeal allowed - Respondent re-sentenced
European Arrest Warrant
Minister for Justice v Bucki, Michal
11/2/2026 No. 2025 136 EXT [2026] IEHC 95
European arrest warrant - Applicant seeking the surrender of the respondent to Poland - Service of prison sentence - Respondent objects to his surrender - Res judicata - Issue estoppel - In circumstances where his surrender was previously refused, these later proceedings amount to an abuse of process - Breach of Art. 8 ECHR rights - Statute of limitations - Delay - Court finds that the respondent was at all times aware of the proceedings and of his obligation to attend - Objections dismissed - Order made for the surrender of the respondent to Poland
Minister for Justice v Bucki, Michal
Immigration
A (S) v Minister for Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General; R J v Minister for Children, Equality, Disability, Integration and Youth, Ireland and the Attorney General
19/2/2026 Nos. 2023 209 JR; 2023 541 JR [2026] IEHC 90
Immigration - Damages - International protection applicants - Failure of State to provide accommodation and basic reception conditions - Homelessness - Defence of force majeure - Whether the State's failure was in breach of Irish and EU law - Reception Conditions Directive 2013/33/EU - EU (Reception Conditions) Regulations 2018 - Whether breaches warrant compensatory damages - Duration of homelessness - Vulnerabilities - Francovich damages - Damages awarded to each applicant
M (I) v International Protection Appeals Tribunal and the Minister for Justice
11/2/2026 No. 2024 1412 JR [2026] IEHC 64
Immigration - Judicial review - Applicant a Georgian national - Applicant seeks to quash the decision that the applicant be given neither a refugee declaration nor a subsidiary protection declaration - Applicant made a claim for protection on the basis that he ran the risk of suffering persecution in Georgia as a Russian speaker and had been discriminated against as such - Appeal - Fair procedures - Whether applicant entitled to an oral hearing - Credibility issues - Absence of documentation - Destruction of passport - Safe country of origin - Alleged errors in relying on absence of documentation and application of s.28(7) International Protection Act 2015 - Court finds applicant is not entitled to the relief he claims
M (I) v International Protection Appeals Tribunal and the Minister for Justice
M v Minister for Justice, Home Affairs and Migration
18/12/2025 No. 2025/1573 JR [2025] IEHC 761
Immigration - Judicial review application - Applicant's application for leave to issue judicial review proceedings to quash the decision of the respondent refusing the applicant permission to remain in the State - Respondent contests the leave application and contends that the proceedings have no reasonable prospect of success - Applicant a national of Malawi - Applicant identifies as bisexual and experienced violence and discrimination - Grounds of challenge - Respondent failed to provide sufficient reasons for refusing the applicant's permission to remain - Respondent failed to properly consider the humanitarian factors, such as his qualifications as a healthcare worker - Applicant seeks an extension of time for the purpose of bringing forward this challenge - Court finds the substantial grounds test has not been met - Application for extension of time not considered - Applicant's application for leave refused
M v Minister for Justice, Home Affairs and Migration
Land Law
Jackson Way Properties Limited v Dun Laoghaire Rathdown County Council
11/2/2026 No. 2015/592 [2026] IECA 11
Land law - Motorway construction - Compulsory acquisition of land - Arbitration award - Enforceability - Appeal from the decision of the High Court refusing the appellant's application that the High Court direct payment of part of an arbitrator's award in respect of the compulsory acquisition - Award predicated on unencumbered freehold title - Defect in title - Restrictive covenant - Valuation of land - Delay - Failure to resolve the issue of title - Court finds it would be inappropriate for the Court to make an order directing part payment the disputed award to the appellant - Appeal refused
Jackson Way Properties Limited v Dun Laoghaire Rathdown County Council
Planning and Development
Garryduff Properties Limited v An Coimisiún Pleanála and Laois County Council (notice party)
16/2/2026 No. 2024 22 JR [2026] IEHC 78
Planning and development - Applicant seeks certiorari quashing the decision of respondent refusing planning permission for a residential development - Refusal was grounded only in the respondent’s view that the proposed mix of housing types was inconsistent with a development plan objective - Change in policy - Failure to meet planning objective for the provision of single and two-person households - Whether the respondent provided sufficient and clear reasons for its decision - Challenge dismissed - Application refused
Garryduff Properties Limited v An Coimisiún Pleanála and Laois County Council (notice party)
Protect Kenilworth Square and Martin Joyce v Dublin City Council; and the Congregation of the Holy Spirit and the Board of Management of Saint Mary’s College [notice parties]
18/2/2026 No. 2024 1275 JR [2026] IEHC 93
Planning and development - Judicial review - Development of existing sports ground - Replacement of existing pitches, construction of artificial pitch, new pavilion and car park - Respondent granted a declaration that the redevelopment was an exempted development not requiring planning permission - Applicants eek an order of certiorari quashing the declaration - Use of land for sport - Whether the development fell within the scope of exempted development - Environmental impact assessment - Disruption to local area - Court finds the decision made by the respondent is not one which can be overturned by way of certiorari - Application dismissed
Parosi Developments Limited v An Coimisiún Pleanála; and Galway City Council, Nightguard Ltd, and Helen Duffy-Fahy [notice parties]
16/2/2026 No. 2025 185 JR [2026] IEHC 86
Planning and development - Proposed development - Eight-storey hotel - Inspector's report - Development found to be an acceptable proposal - Respondent refused permission for the proposed development - Applicant seeks an order of certiorari quashing the order of the respondent and an order remitting the matter back for reconsideration - Whether the respondent's decision is invalid because it failed to indicate the main reasons for not accepting the Inspector’s recommendation to grant permission - Whether the respondent failed to take relevant considerations into account in relation to the city development plan - Court finds the respondent's reasons for refusing permission were inadequate - Court orders that there be an order of certiorari by way of application for judicial review quashing the order of the respondent - Matter to be remitted to the respondent for reconsideration
Practice and Procedure
O'H (D) v Tusla/Child and Family Agency; and D H, C O'C and the Attorney General (notice parties)
6/2/2026 No. 2016 367 JR [2026] IEHC 53
Practice and procedure - Child in care - Judicial review - Applicant sought various declarations and orders against the respondent for alleged breach of duty to provide him with information about the whereabouts of his son when in their care and failure to provide adequate access to his son - Recording of access visits without consent - applicant claims that the actions of the respondent constituted a breach of his rights under the Constitution and the ECHR - Respondent seeks an order striking out the proceedings against it on grounds of delay - Whether it would be unfair to require the respondent to defend events alleged to have occurred over ten years ago - Lapse of time - Mootness - Interests of justice - Proceedings struck out on grounds of delay
O'H (D) v Tusla/Child and Family Agency; and D H, C O'C and the Attorney General (notice parties)
Burns, Gerry v John J. Quinn and Co. LLP, Pauline Brady, and Monika Osagie
13/2/2026 No. 2025 2270 P [2026] IEHC 77
Practice and procedure - Strike out application - Property - Loan - Mortgage transfer - Failure to obtain consent - Personal data - Whether transfer unlawful due to breaches of GDPR - Receivers - Sale of property - Conveyancing - Solicitors' duties - Allegation of money laundering - Contract for sale - Whether the use of the plaintiff's personal data was necessary - Whether the plaintiff's arguments are a collateral attack by the plaintiff on the sale of the property to the purchasers - Proceedings dismissed
Burns, Gerry v John J. Quinn and Co. LLP, Pauline Brady, and Monika Osagie
Property Law
Von Geitz, Juerg v O'Brien, Tom and Mazars
20/2/2026 No. 2025/208 [2026] IECA 18
Property law - Adverse possession - Occupation - Receiver - Sale of property - High Court proceedings - Adverse possession claim - Damages claim - Court held the plaintiff's possession had been with the property owner’s express permission therefore not adverse - Claims dismissed - Appeal - Challenge to receiver appointment - Alleged procedural impropriety - Breach of fiduciary duty - Court satisfied that there was no error on the part of the High Court judge - Appeal dismissed
Von Geitz, Juerg v O'Brien, Tom and Mazars
Bank Of Ireland Mortgage Bank v Seery, Edmund and Ann Seery; and Mars Capital Finance Ireland DAC (applicant/moving party)
13/2/2026 Nos. 2018 269 CA; 2024 264 CA [2026] IEHC 80
Property law - Family home - Mortgage arrears - Possession proceedings - Appeal by the first named defendant against an order for possession of a property - Appeal by the first named defendant against an order for substitution of the plaintiff - Whether the plaintiff entitled to possession and substitution - Whether the plaintiff had provided the necessary proof of legal ownership of the mortgage - Claims of alleged fraud, alleged unfair terms and conditions in consumer contracts and procedural unfairness - Order granted substituting the applicant as the plaintiff in the proceedings - Plaintiff granted order of possession of the property
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