Recent cases published on the Courts website are listed below.
Company Law
KC Capital Property Group Ltd, in the matter of, in the matter of KC Capital Property 182 Ltd, KC Capital Property 185 Ltd and in the matter of the Companies Act 2014
6/3/2026 No. 2026 33 CA [2026] IEHC 115
Company law - Special purpose property company - Examinership - Company seeking to enter examinership - Application to confirm the appointment of an interim examiner - Appeal from Circuit Court which refused to confirm appointment - Examinership criteria - Whether company with no substantive employee presence qualifies for examinership - Insolvency - Fiduciary duty - Disclosure obligations - Whether the interim examiner should have his appointment confirmed - Court finds that the company whose only employees are two investors and which was simply a vehicle for investing in property, was not the type of company for which examinership was designed - Court concluded that the interim examiner should not have his appointment confirmed by the Court - Decision of the Circuit Court affirmed - Appeal dismissed
Contract Law
Libyan Blue Bird for Air Transport Co. LLC v Executive Authority for Special Flights
9/3/2026 No. 2023 3051 P [2026] IEHC 139
Contract law - Aircraft leasing agreement - Dispute - Jurisdiction - Service of proceedings out of jurisdiction - Forum non conveniens - Whether the Irish courts have jurisdiction to hear a dispute where the agreement is governed by both Libyan and Irish law - Defendant seeking to set aside the service of proceedings - Non-Disclosure - Failure to disclose existing proceedings in Libya - Whether there is a breach of duty of candour and of the obligation of uberrima fides - Whether omission material - Court sets aside the service of proceedings pursuant to O. 12, r. 26 of the RSC - Application granted
Libyan Blue Bird for Air Transport Co. LLC v Executive Authority for Special Flights
Criminal Law
People (DPP) v H (P)
13/2/2026 No. 151/2024 [2026] IECA 25
Criminal law - Offences of rape and sexual assault - Appellant appealing against conviction - Evidence - Hearsay - Admissibility - Whether the trial judge erred in allowing the jury to hear evidence of alleged admissions by the appellant, where the admissions were made in the presence of individuals who were not called as witnesses - Court held that the evidence was admissible, it was admissible hearsay by virtue of the exception to the hearsay rule which allows evidence of declarations against interest to be admitted notwithstanding that they are hearsay - Appeal dismissed
Extradition Law
Minister for Justice v McCarthy, Kathleen Sharina
2/3/2026 No. 2025/89 [2026] IECA 22
Extradition law - Trade and Co-operation Agreement warrant - Appellant appealing from a decision of the High Court ordering her surrender to the United Kingdom arising from her in absentia conviction - Whether the court was correct to conclude that there was sufficient evidence to infer that the appellant had waived her right to attend the trial by being aware that they could be tried in absentia - Whether a person tried and convicted in absentia in England should be surrendered under Art. 601 of the Trade and Co-operation Agreement - Court finds no evidence that the Appellant was told she could be tried in absentia and evidence was insufficient to infer a knowledge on her part that she could be so tried - Appeal allowed - Surrender of the appellant refused
Minister for Justice v McCarthy, Kathleen Sharina
Family Law
M (N) v B (C)
19/2/2026 No. 2024 67 CAF [2026] IEHC 119
Family law - Divorce proceedings - Marital assets - Equitable distribution - Former family home - Court ordered sale of property - Division of proceeds - Whether the respondent should be granted the opportunity to buy out the applicant’s share of their former family home - Financial contributions of each party - Court finds the respondent should be given a reasonable opportunity to buy out the applicant's share in the family home at a value as close as possible to the estimated market value - Application granted
Immigration
N and N (a minor suing by her mother and next friend N) v An International Protection Officer and Minister for Justice
25/2/2026 No. 2024 1341 JR [2026] IEHC 102
Immigration - Applicants Zimbabwean nationals - Application for international protection - Fear of persecution - Credibility issues - Applicants refused refugee status and subsidiary protection - Appeal - Failure to consider representations - Applicants contend the IPO conducted a flawed examination process in their case due to cultural insensitivity and perceived bias - Whether the panel member’s shared nationality and ethnicity with the applicants compromised the fairness and integrity of the interview - Ethnic tensions - Whether the panel member’s nationality and ethnicity are factors which could undermine the lawfulness of the interview process - Court held that the applicants had not been afforded an interview process in accordance with the requirements of s. 35 of the International Protection Act 2015 Act and/or constitutional justice - Application granted
G (Angola) v International Protection Appeals Tribunal and Minister for Justice
11/3/2026 No. 2024 1047 JR [2026] IEHC 143
Immigration - Judicial review application - Extension of time - Applicant's claim for international protection refused - Credibility assessment - Inconsistencies in the detail of the claim for international protection - Whether the Tribunal failed to properly apply the principles governing the assessment of the applicant's general credibility - Whether the Tribunal erred in its approach to country of origin information - Court finds the Tribunal's decision is vitiated by error of law - Tribunal's decision set aside - Appeal will be remitted for reconsideration - Extension of time granted
G (Angola) v International Protection Appeals Tribunal and Minister for Justice
Ogidan, Babatunde Amoruwa v Minister for Justice
13/3/2026 No. 2025 184 [2026] IECA 32
Immigration - Judicial review - Residence card - Revocation - Appellant a family member of an EU national - Appellant appealing from a decision refusing to grant an order of certiorari of the respondent’s decision affirming the revocation of the appellant’s residence card - Documentation - False and misleading information - Separation from EU spouse - Delay in notifying EU spouse had left Ireland - Whether the Minister's decision was based on a sufficiently solid factual foundation - Appeal allowed - Matter remitted back to the Minister
Ogidan, Babatunde Amoruwa v Minister for Justice
Landlord and Tenant
Verbenagrove Ltd v Evans, Simons and Maureen Griffin
6/3/2026 No. 2024 281 CA [2026] IEHC 124
Landlord and tenant - Dispute - Circuit Court order - Appeal - Restaurant premises - Statutory occupation - New tenancy application pending - Lease expiry - Non-payment of rent - Right to re-enter property - Whether a landlord has the right to take possession of premises which are being occupied by a tenant pursuant to statute pending the adjudication by a court of an application for a new tenancy - Whether a landlord can take possession of the demised premises without any necessity for a court order by reliance upon a right of re-entry or forfeiture under the expired lease - Crofter Properties Ltd v. Genport Ltd [2007] IEHC 80 - Court held that the purported re-entry was invalid and did not adversely affect the tenant’s claim for a new tenancy - Order made dismissing the appeal against the Circuit Court order
Verbenagrove Ltd v Evans, Simons and Maureen Griffin
Medical Negligence
Casey, Paula v Skehan, Mark and ors
25/2/2026 No. 2019 3206 P [2026] IEHC 142
Medical negligence - Strike out application brought by the representatives of a deceased consultant - Medical procedure - Insertion of mesh device - Pain - Subsequent treatment - Personal injury claim - Inordinate and inexcusable delay - Plaintiff's health issues - Covid-19 restrictions - Evidence - Death of key witness - Prejudice - Relief sought by the sixth defendant refused
Casey, Paula v Skehan, Mark and ors
Medical Treatment
E, in the matter of, in the matter of a minor aged 16 and in the matter of a blood transfusion to which the minor objects and her parents do not consent
13/2/2026 No. WOC 11903 [2026] IEHC 134
Medical treatment - Capacity - Pregnant minor - Advance Healthcare Directive (AHD) - Minor's wish not to receive a blood transfusion in all situations on - Religion - Applicant seeking orders authorising the provision to the minor of all appropriate medical treatment including blood transfusion and clotting agents and to take all reasonable steps necessary and clinically or medically indicated to treat such complications - Validity of AHD - Best interests - Right to life - Right to bodily integrity - Application granted
Practice and Procedure
O'Neill, Barth v Revenue Commissioners
26/1/2026 No. 2025/58 [2026] IECA 19
Practice and procedure - Judicial review - Interlocutory relief - Tax records - Erasure - Dispute - Anonymisation - Right to erasure under the General Data Protection Regulation (GDPR) - Appellant appealing against the refusal to anonymise court proceedings or conduct them in camera - Delay in making application - Whether the appellant demonstrated a sufficient reason for the significant delay - Alternative remedy - Whether the appellant has disentitled himself from obtaining the relief sought - Court dismissed the appeal and affirmed the order of the High Court
O'Neill, Barth v Revenue Commissioners
Property Law
St Brigid's RFC Company Limited by Guarantee v St Laurence O'Toole Diocesan Trust Company Limited By Guarantee and the Parish Priest of Foxrock
26/2/2026 No. 2024 4959 P [2026] IEHC 103
Property law - Dispute - Sports field - Ownership and sale - Trust law - Whether the field is held on a charitable trust for the benefit of the children of the parish - Whether the proposed sale of land unlawful - Plaintiff seeking declarations that the proposed disposal of a field is ultra vires - Defendants seek to strike out the plaintiff's claim on grounds that it is bound to fail - Documentary evidence - Court held that the claim was bound to fail - Application granted
Stones, Margaret v Coulston, John and Everyday Finance dac
3/3/2026 No. 2025 2474 P [2026] IEHC 122
Property law - Mortgaged property - Injunction - Plaintiff seeking an interlocutory injunction restraining the sale of lands by the defendants -Dispute - Risk of property being sold at less than market value - Whether there is a fair question to be tried - Sale process - Criticism of the receiver include advertised advised minimum values too low - Absence of any "for sale" billboards to generate interest in the sale - Failure to delay sale of the bungalow until after the termination notice had expired and vacant possession could be recovered - Apparent refusal to admit "non cash purchasers" to the process - Order made with provisos - Application granted
Stones, Margaret v Coulston, John and Everyday Finance dac
Protected Disclosures
McLoughlin, George v Protected Disclosures Commissioner; and the Standards in Public Office Commission and the Minister for Enterprise, Trade and Employment (notice parties)
10/3/2026 No. 2024 1186 JR [2026] IEHC 149
Protected disclosures - Judicial review application - Applicant seeking an order of certiorari quashing the decision to close a protected disclosures complaint submitted by the applicant - Whether the decision to close the complaint was arbitrary, irrational, or breached rights to fair procedures - Evidence - Arguability - Whether the applicant reached the relevant threshold - Whether the legal grounds upon which he sought leave to apply for the order of certiorari had a prospect of success - Whether the application was a further attempt to re-litigate underlying complaints and concerns that had been ventilated and determined - Whether the application was an abuse of process - Application refused
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
