Recent cases published on the Courts website are listed below.
Construction Law
BMC Renovation Limited v Gael Property Investments Limited
27/3/2026 No. 2026 2 MCA [2026] IEHC 195
Construction law - Adjudication decision - Enforcement - Jurisdiction - Applicant's application to the High Court seeking leave to enforce a decision of an adjudicator - S. 6(11) of the Construction Contracts Act 2013 - Respondent resisting the enforcement application - Whether the adjudicator lacked jurisdiction by reason of the fact that the contract between the parties did not comprise a "construction contract" for the purposes of the 2013 Act - Whether the contract falls withing the definition or the "residential occupier exception" under s. 2(1) of the Act - Whether the adjudicator failed to afford the respondent fair procedures in the conduct of the adjudication - Remedy available by way of court proceedings under the general law of contract - Application granted
BMC Renovation Limited v Gael Property Investments Limited
Contract
Liberty Insurance Ltd and Snugborough Windfarm (ROI) Ltd (in liquidation) v EirGrid plc
2/4/2026 No. 2017 7333 P [2026] IEHC 210
Contract law - Energy law - Connection agreement - Commitment to construction of an electricity generating facility - Security - Bond - Failure to construct facility - Draw down of bond - Penalty - Unjust enrichment - Plaintiffs claiming that the contractual requirement for a bond and the amount of the bond amounted to a penalty which was unenforceable - Whether the defendant discriminated against the plaintiffs in breach of the Electricity Regulation Act 1999 and the European Communities (Internal Market in Electricity) Regulations 2000 - Defendant denies it discriminated against the plaintiffs - Preliminary objections - Statute of limitations - Estoppel - ADR - Court held that the allegation of unlawful discrimination was not made out - Action dismissed
Liberty Insurance Ltd and Snugborough Windfarm (ROI) Ltd (in liquidation) v EirGrid plc
Criminal Law
Benevicius, Robertas v Director of Public Prosecutions and ors
26/3/2026 No. 2026 1 JRP [2026] IEHC 191
Criminal law - Judicial review - Applicant arrested in a house in which cannabis plants were growing - Guilty plea - Applicant sentenced to 3 years and 6 months in prison, with the final 6 months suspended - Applicant seeking leave to judicially review the criminal trial process that led to his sentence - Applicant claims his legal team was ineffective, guilty plea was entered into under duress, inadequate disclosure, and inaccuracies in the book of evidence, none of which was raised before the trial judge - Whether the applicant had an alternative remedy - Court refused leave to seek judicial review on all grounds
Benevicius, Robertas v DPP and ors
European Arrest Warrant
Minister for Justice v Puk, Jacek Grzegorz
25/3/2026 No. 2025/204 [2026] IECA 45
European arrest warrant - Appellant appealing from a decision of the High Court ordering his surrender to the Republic of Poland - Appellant had been found guilty of two offences in his absence and sentenced to one year's imprisonment - At a second hearing, again in his absence, the Polish court held that the suspended sentence of imprisonment was activated by his failure to comply with the conditions of the suspension - Art. 4a(1) of the Council Framework Decision for European Arrest Warrants - Interpretation - Whether the sentence activation hearing should be considered as a "trial resulting in the decision" - Whether sentence activation hearing impacted the applicant's rights of defence - High Court order upheld - Order made surrendering the appellant to the Republic of Poland
Minister for Justice v Puk, Jacek Grzegorz
Immigration
J and L E C [a minor suing by and through his father and next friend J] v Minister for Justice
16/4/2026 No. 2025 427 JR [2026] IEHC 221
Immigration - Judicial review - Deportation - First applicant seeking an order revoking a decision of the respondent refusing to revoke a deportation order - Partner - Meaningful relationship - Irish-born child - Interference with family life - Whether their constitutional rights were adequately considered in accordance with the principles established in Oguekwe v Minister for Justice [2008] 3 IR 795 - Court finds the decision of the respondent was permitted by law, the Constitution and the European Convention on Human Rights - Relief refused
J and L E C [a minor suing by and through his father and next friend J] v Minister for Justice
B (A) v Chief International Protection Officer, International Protection Appeals Tribunal and Minister for Justice
25/3/2026 No. 91/2025 [2026] IESC 23
Immigration - Judicial review - International protection - Appellant a Georgian national - Appellant made an application for international protection - Fear of persecution - Application refused by the International Protection Officer - Appellant obtained permission to make a subsequent application on the basis that he had provided further evidence to support the credibility of his claim - Second application unsuccessful - Appellant lodged an appeal with the Tribunal and also brought an application for leave to seek judicial review to the High Court - Alternative remedy - Whether there is an adequate alternative remedy - Option of a statutory appeal to the International Protection Appeals Tribunal - Appellant has not satisfied the Court that there were substantial grounds for granting leave to apply for judicial review - Appeal dismissed
Landlord and Tenant
Argutinski, Roman v Residential Tenancies Board
12/3/2026 No. 2024 479 MCA [2026] IEHC 225
Landlord and tenant - Notice of termination - Appellant appealing on a point of law - Whether a notice of termination was valid - Service of documents - Timing - Whether the Tenancy Tribunal correctly applied the provisions of the Interpretation Act 2005 - S. 62 of the Residential Tenancies Act 2004 - Whether the notice of termination was correctly signed by the landlord or their authorised agent in accordance - Appeal allowed
Argutinski, Roman v Residential Tenancies Board
Media Law
A and B v E, C and D
17/4/2026 No. 2025/247 [2026] IECA 56
Media law - Appellant a media organisation - Appellant appealing against a judgment of the High Court refusing an application by the appellant to be heard in relation to an order of the High Court imposing reporting restrictions in respect of a civil action - Non-party - Standing - High Court - Jurisdiction - Whether the High Court judge erred in failing to find that the appellant had sufficient standing - Court finds he High Court erred in law in failing to recognise that appellant, as a person affected by an order made on an ex parte basis, was entitled to question whether it had properly been made - Appeal allowed, motion remitted to the High Court for re-hearing
Medical Law
Medical Council v Yunos, Amirul Mohd
13/4/2026 No. 2026 55 MCA [2025] IEHC 237
Medical law - Doctor - Fitness to practise - Registration - Cancellation - Complaint - Allegation of sexual assault of a minor - Conviction - Sentence of 8 years and 6 months imposed - Application by the appellant for orders pursuant to s. 71 of the Medical Practitioners Act 2007 (as amended) confirming the decision of the Council to cancel the respondent's registration - Public interest - Order made confirming the decision made by the Council to cancel the respondent's registration
Medical Council v Yunos, Amirul Mohd
Personal Injuries
Morrissey, John v Starrus Eco Holdings ltd and Thomas Wall
23/3/2026 No. 2023/01354 [2026] IEHC 215
Personal injuries - Damages claim - Road traffic - Plaintiff's vehicle stationary at a red traffic light - Plaintiff's vehicle hit from behind - Minor collision - Plaintiff sustained injury to his neck and shoulder - Impact on day-to-day activities - Alleged false or misleading evidence - Credibility gaps - Whether the plaintiff’s claim should be dismissed pursuant to s. 26 of the Civil Liability and Courts Act 2004 - Damages awarded to plaintiff in the sum of €22,985
Morrissey, John v Starrus Eco Holdings ltd and Thomas Wall
Planning and Development
Connolly, Gretta and Michael Connolly v An Coimisiún Pleanála; and Ballysallagh Solar Farm Ltd and Austin Farrar (notice parties)
17/4/2026 No. 2025 1350 JR [2026] IEHC 224
Planning and development - Judicial review - Electricity substation - Grant of planning permission - Applicant seeking an order of certiorari quashing the decision of the respondent to grant planning permission - Alleged misapplication of the Cork County Development Plan 2022-2028 - Whether the respondent correctly identified and interpreted applicable zoning and policy provisions within the Development Plan - Whether there was any error in the interpretation of the Development Plan - Court finds if counter-factually there was an error, it would be disproportionate to quash the permission on the basis of any error of a primarily procedural or technical nature - Proceedings dismissed
Liffeyfield Ltd v An Coimisiún Pleanála; and Peter Kelly (notice party)
14/4/2026 No. 2025 956 JR [2026] IEHC 186
Planning and development - Judicial review - Planning permission - Hotel conference centre - Change of use application - Grant of permission subject to conditions - Music/dance events - Imposition of a condition - Restriction to one event per week - Applicant seeking judicial review - Whether a proposed condition on planning permission was invalid - Whether the respondent failed to have adequate regard to specific objectives in the Dublin City Development Plan - Whether respondent failed to provide adequate reasons for its decision to impose the restriction - Court finds the reasons provided in the decision were adequate - Relief refused
Liffeyfield Ltd v An Coimisiún Pleanála; and Peter Kelly (notice party)
Practice and Procedure
Bytedance Ltd v An Coimisiún na Meán, and TikTok Technology Ltd [notice party]
26/3/2026 No. 2025 1939 JR [2026] IEHC 196
Practice and procedure - Judicial review - Digital services regulation - Online platform - Potential infringement of Arts. 16(1), 16(2) and Art. 25(1) of the Digital Services Act - Illegal content reporting - Compliance investigation - Interlocutory application - Applicant seeking a stay - Public interest - Whether the greatest risk of injustice would lie in granting the stay sought - Order made refusing the applicant’s application for a stay
Bytedance Ltd v An Coimisiún na Meán, and TikTok Technology Ltd [notice party]
Fox, Sylvester v DPP, Commissioner of An Garda Siochana, and ors
17/4/2026 No. 2021 986 P [2026] IEHC 231
Practice and procedure - Previous proceedings - Prosecution of the plaintiff for an alleged offence - Media exposure - Reputational damage - Prosecution unsuccessful - Damages claim - Alleged breach of constitutional rights - Plaintiff's application to the High Court for the trial of his plenary action to be heard by a judge sitting with a jury - Application made pursuant to O. 36, r. 5 of the RSC - Discretion of the Court - Defendants contend that the case is wholly unsuitable for such a trial and that accordingly the Court should exercise its discretion to refuse the application - Submissions - Application refused
Fox, Sylvester v DPP, Commissioner of An Garda Siochana, and ors
Social Welfare
Amariei, Lacramioara v Chief Appeals Officer, Social Welfare Appeals Office and Minister for Social Protection
25/3/2026 No. 80/2025 [2026] IESC 22
Social welfare - Judicial review - Disability allowance - Applicant applied for disability allowance - Deciding officer refused her application - Failure to satisfy medical criteria - Appellant appealed that decision - Appeal disallowed - Appellant did not satisfy the medical criteria and her means were in excess of the qualifying amount - Appellant seeking judicial review - Whether the appellant had available to her an adequate alternative remedy - Court finds the appellant had available to her an adequate alternative remedy in the form of an application to the Chief Appeals Officer under s. 318 of the Social Welfare Consolidation Act 2005 - Appeal 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
