Case law update - 2 July

Recent superior court cases cover criminal law, European arrest warrant, family law, immigration, medical negligence, personal injuries, planning and development, practice and procedure, professional misconduct, summary judgment and more.

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Four Courts in Dublin

Recent cases published on the Courts website are listed below. 

Criminal Law

People (DPP) v McGrath, David

21/4/2026 No. 64/25 [2026] IECA 59

Criminal law - Sentencing appeal - Offences of possession of child pornography - Appellant received an effective sentence of eight and a half years' imprisonment with three years suspended in respect of three separate bills - Mitigation - Guilty plea - Cooperation - Remorse - Aggravating factors - Previous convictions for similar offences where sentences were suspended in full - Whether headline sentence was disproportionate in all the circumstances - Whether excessive weight given to the aggravating factors - Whether sufficient weight given to the mitigating factors - Court considers the cumulative sentence was neither excessive nor disproportionate - Appeal dismissed

People (DPP) v McGrath, David

 

People (DPP) v Ramamoorthy, Daniel

21/4/2026 No. 101/2025 [2026] IECA 60

Criminal law - Sentencing appeal - Offences of possession of child pornography and an offence of sexual exploitation of a child - Appellant sentenced to two years and four months imprisonment and a concurrent sentence of one year and six months imprisonment - Appellant appealing against severity of sentence - Whether the judge erred in fact and/or in law in giving excessive weight to the aggravating features and/or in arriving at a headline sentence that was excessive in all the circumstances - Whether the judge gave insufficient weight to the mitigating factors - Whether the sentence imposed was excessive and disproportionate - Submissions - Court finds no error of principle in discounting for mitigating factors or in not suspending the sentence either in whole or in part - Appeals dismissed

People (DPP) v Ramamoorthy, Daniel

 

European Arrest Warrant

Minister for Justice, Home Affairs and Migration v Carp, Radu

29/4/2026 No. 2025 279 EXT [2026] IEHC 262

European arrest warrant - Application for the surrender of the respondent to Hungary - Respondent a Moldovan national - Offence of people trafficking - Conviction - Overcrowding - Early release - Deportation - Exclusion from Hungary for a period of six years - Travel to Ireland - Surrender sought to serve the remainder of a sentence of imprisonment - Respondent objects to his surrender - Alleged improper process during his release from custody - Inadequate legal advice - Prison conditions - Potential ECHR violations upon surrender - Objections rejected - Order made for the surrender of the respondent to Hungary

Minister for Justice, Home Affairs and Migration v Carp, Radu

 

Family Law

B (A) v An Taoiseach, Minister for Justice, Home Affairs and Migration, Minister for Foreign Affairs and Trade and Ireland

21/4/2026 No. 2025 4071 P [2026] IEHC 236

Family law - Child - Unlawful abduction - Plaintiff's wife unlawfully took the child from their home in Ireland to Poland - Plaintiff's making efforts in Poland to secure their daughter's return to Ireland - Polish Supreme Court proceedings - Ruling in favour of the plaintiff - Extraordinary appeal filed by the Polish Ombudsman for Children - Suspension of the enforcement decision until appeal proceeding has concluded - Executive power - International law - Whether the Irish High Court can direct the Irish Government to take actions to enforce a foreign court's child return order under the Hague Convention - Whether the defendants have a duty of care towards the plaintiff and his child under Irish law and international conventions - Court finds that none of the reliefs sought by the plaintiff lie against the defendants and that the political and consular action taken by the defendants is consistent with Art. 29 of the Constitution and the legal obligations which arise in these difficult circumstances - Plaintiff's action dismissed

B (A) v An Taoiseach, Minister for Justice, Home Affairs and Migration, Minister for Foreign Affairs and Trade and Ireland

 

P (O) v R (Q)

14/4/2026 No. 2022 135 M [2026] IEHC 228

Family law - Cohabitation - Financial relief - Discovery - Applicant applied to the High Court for financial relief pursuant to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 - Respondent seeking discovery relief pursuant to O. 31, r. 12 of the RSC - Whether the categories of documents requested for discovery were relevant, necessary, and proportionate - Submissions - Court finds the breadth of discovery sought went far beyond what might be considered relevant or necessary - Court orders that the Applicant swear an up-to-date full Affidavit of Means which sets out benefits (in money, in kind or otherwise) which she has received from the respondent during a certain time period

P (O) v R (Q)

 

Immigration

G-A (A A) and O E A (a minor suing by his mother and next friend A A G-A) v Minister for Justice

4/3/2026 No. 2024 1368 JR [2026] IEHC 125

Immigration - Applicant a Nigerian national arrived in the state with three dependent children - Application for international protection - Application refused - Appeal to IPAT refused - Review application also refused - Two of the children have attained their majority - Applicant and dependant son challenging the review application decision - Best interest of the dependent minor child - Submissions - Whether best interest of the dependent minor child might be met by maintaining the entire family as a family unit so as to enable them to enjoy family life in their country of origin - Court finds the applicant is not entitled to an order of certiorari in respect of the decision

G-A (A A) and O E A (a minor suing by his mother and next friend A A G-A) v Minister for Justice

 

K (S) v Minister for Justice

20/4/2026 No. 2025/164 [2026] IECA 58

Immigration - Applicant an Afghan national - Applicant granted subsidiary protection - Family reunification - Afghanistan humanitarian crisis - Join Family visa applications refused - Respondent dismissed appeal against the refusal to grant the visas - High Court proceedings - Applicant granted an order that the decision of the respondent be set aside and the appeal be remitted back to the respondent for fresh consideration -  Respondent appealing the judgment and order - Whether the High Court erred in concluding the respondent failed to take into consideration the fact that the applicant held subsidiary protection status and failed to have adequate regard to the humanitarian crisis that has arisen in Afghanistan - Court finds the respondent had considered both the applicant's subsidiary protection status and the family's difficult circumstances in Afghanistan when refusing the visas - High Court order set aside - Appeal allowed

K (S) v Minister for Justice

 

N v International Protection Appeals Tribunal and Minister for Justice, Home Affairs and Migration

14/4/2026 No. 2025 1339 JR [2026] IEHC 212

Immigration - Applicant born in Zimbabwe and now a South African citizen - Application for international protection - Victim of two xenophobic attacks - Police corruption - Risk of further persecution if returned to South Africa - IPAT satisfied there was adequate state protection available to the applicant by reason of South Africa being designated a safe country of origin - Application refused - Applicant appealing the decision - Whether the analysis of state protection carried out by the first respondent was unlawful and/or inadequately reasoned - Whether there was undue weight was attributed to the existence of anti-corruption bodies operating in South Africa - Submissions - Court satisfied that the applicant is entitled to an order of certiorari in respect of the decision

N v International Protection Appeals Tribunal and Minister for Justice, Home Affairs and Migration

 

Medical Negligence

C (a minor) suing by her father and next friend v Health Service Executive

22/4/2026 No. 2023 4334 P [2026] IEHC 234

Medical negligence - Personal injuries - Plaintiff a minor child - Plaintiff alleges the defendant was negligent in its assessment, investigation, diagnosis and management of the plaintiff - Failures resulted in a delay in diagnosing and treating intracranial pathology with consequent progression of raised intracranial pressure and brain injury - Defendant seeking an order staying the proceedings until such time as the plaintiff and her parents submit to genetic testing - Whether genetic testing would assist in resolving the issues in controversy between the parties - Balance of justice - Court held that the defendant’s right to defend the proceedings would be impeded in the absence of genetic testing - Court order made staying the proceedings until such time as the plaintiff and her parents submit to genetic testing - Relief granted

C (a minor) suing by her father and next friend v Health Service Executive

 

Personal Injuries

Shortt, Mary v Leonard, Adrian and Vincent Leonard

13/2/2026 No. 2025 1224 P [2026] IEHC 230

Personal injuries - Plaintiff a front-seat passenger in a motor vehicle - Road traffic collision - Plaintiff sustained a number of serious injuries - Liability not at issue - Assessment of damages - Medical evidence - Assessment of quantum of general damages - Applicable Personal Injuries Guidelines - Back injuries, nasal injuries, bruising and the development of multiple cysts on the plaintiff's chest - Special damages - Plaintiff awarded damages in the sum of €74,050

Shortt, Mary v Leonard, Adrian and Vincent Leonard

 

Planning and Development

Hibernia Real Estate Group Ltd v Dun Laoghaire Rathdown County Council

27/3/2026 No. 2024 5705 P [2026] IEHC 141

Planning and development - Property purchase - Distressed construction site - Whether the site with a partially constructed apartment block sold to the plaintiff was considered a "house" under s. 2 of the Planning and Development Act 2000 - Statutory interpretation - "House" - S. 48 of the 2000 Act - Development contributions - Calculation - Whether a reduced rate under a revised development contribution scheme applied - Court finds the plaintiff is entitled to the benefit of section 48(3A) of the 2000 Act - Defendant ordered to refund the plaintiff a sum of money paid in development contributions

Hibernia Real Estate Group Ltd v Dun Laoghaire Rathdown County Council

 

Practice and Procedure

O'Brien, Thomas and Thomas O'Brien Snr as nominee of the Harbour House Sports Club v Gill, John

21/4/2026 No. 2021 207 [2026] IEHC 232

Practice and procedure - Appeal of Circuit Court judgment - Counsel for the defendant claims that an appeal to the High Court, of a Circuit Court decision, should be heard on the basis of the evidence that was heard in the Circuit Court, and not on the basis of a de novo hearing of all the evidence in the High Court - Plaintiffs allege the defendant owes for work done on lands - Contract - Construction works - Payment - Dispute - Contract terms - Execution - Whether the contract was made with the defendant or his company - Interpretation of contract terms - Evidence - Court affirms the decision of Circuit Court which held in favour of the plaintiffs - Order made for costs in favour of the plaintiffs

O'Brien, Thomas and Thomas O'Brien Snr as nominee of the Harbour House Sports Club v Gill, John

 

O'Donnell, Thomas v Superintendent for the Cahir District and DPP

17/4/2026 No. 2021 70 JR [2026] IEHC 226

Practice and procedure - Firearms certificates - Revocation - Applicant seeking to challenge a decision of the District Court convicting him of an offence under s. 4A(18) of the Firearms Act 1925 - Applicant also challenging the decision of the first respondent revoking the applicant's firearms certificates following on from the District Court conviction - Whether there had been a fundamental denial of fair procedures - Whether the first respondent fell into error because of his failure to provide adequate reasons for his decision to revoke the firearm certificates - Court finds the proceedings were tainted by a fundamental error in the interpretation of the material statutory provisions thus depriving the applicant of his entitlement to two hearings - Order of certiorari granted in relation to the conviction - Order made quashing the decision of the first respondent to revoke the Applicant's firearm certificates

O'Donnell, Thomas v Superintendent for the Cahir District and DPP

 

Professional Misconduct

Teaching Council v D (C)

13/4/2026 No. 2026 65 MCA [2026] IEHC 244

Professional misconduct - Special education school - Teacher - Theft - Gambling addiction - Criminal convictions - Sanction - Suspension - S. 44(5) of the Teaching Council Act 2001 - Applicant seeking an order confirming the decision that the respondent be suspended from the register - Mitigation - Rehabilitation efforts - Whether to defer the one-month suspension period to minimise disruption at the school - Court decided on a suspension start date to align with the end of the school year - Decision of the panel of the Council's Disciplinary Committee confirmed - Orders granted

Teaching Council v D (C)

 

Summary Judgment

SIG Trading (Ireland) Limited v Barrett, Eugene and Noreen Barrett

15/4/2026 No. 2024 24 S [2026] IEHC 220

Summary judgment - Contract law - Guarantee and indemnity - Liability - Plaintiff seeking an order for summary judgment against the defendants on foot of a Guarantee and Indemnity which was executed by the defendants in favour of the plaintiff in respect of the debts of a company - Defendants contend that the Guarantee executed by them was a limited one with their liability capped - Plaintiff contends the Guarantee was an 'all sums due' Guarantee agreement - Court held the defendants were incorrect in their submission that the Guarantee was limited and capped - Court granted judgment in favour of the plaintiff - Application granted

SIG Trading (Ireland) Limited v Barrett, Eugene and Noreen Barrett

 

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