Recent cases published on the Courts website are listed below.
Bankruptcy
Melcher, Denis, a bankrupt, In the matter of
5/10/2026 No. 5718 [2026] IEHC 643
Bankruptcy - Adjudication - Respondent adjudicated a bankrupt by High Court order - Applicant seeking an order rescinding the adjudication, alleging material non-disclosure on his original application - Undisclosed information included rent arrears on a property in Barcelona - Liechtenstein trust fund - Respondent's role and interests in various companies - Multiple bank accounts - Materiality and culpability of the omissions - Court held it was appropriate to annul the bankruptcy on the basis of the culpable material non-disclosure - Application granted
Melcher, Denis, a bankrupt, In the matter of
Criminal Law
Morrissey Junior, Philip v DPP, Commissioner of An Garda Siochana and ors
18/9/2026 No. 2024 788 JR [2026] IEHC 633
Criminal law - Judicial review - Extension of time - Offence of assault - Applicant convicted of assault in the District Court - Conviction upheld in the Circuit Court - Applicant seeking order of certiorari quashing his conviction on the grounds of fair procedures, failure to obtain evidence, errors of law, and failure to investigate - Whether the applicant demonstrated "good and sufficient reason" for an extension of time to seek judicial review - Court held that the applicant brought his claim out of time and did not provide any satisfactory reasons why an extension of time was warranted - Applicant had not satisfied the court that there was any unfairness in the trial - Application refused
Morrissey Junior, Philip v DPP, Commissioner of An Garda Siochana and ors
Immigration
G (A) v International Protection Appeals Tribunal and Minister for Justice, Home Affairs and Migration
21/9/2026 No. 2024 1000 JR [2026] IEHC 636
Immigration - International protection - Applicant a Georgian national - Applicant challenging a decision of the first respondent affirming the refusal of refugee or subsidiary protection declarations - Challenge to adverse credibility findings - Applicant claims he should have been given prior or advance notice of the adverse credibility findings - Failure to provide an oral hearing in relation to the applicant’s appeal and the decision of the first respondent to determine the appeal on a papers-only basis - Whether there was a failure by the first respondent to properly consider the applicant's specific reasons for requesting an oral hearing in his appeal - Order of certiorari granted quashing the entire decision of the first respondent - Matter to be remitted for reconsideration by a new tribunal member
R (M) v Minister for Justice
21/9/2026 No. 2024 1373 JR [2026] IEHC 637
Immigration - Judicial review - Certificate of naturalisation - Applicant a Pakistani national - Marriage to a Romanian citizen - Residence card granted - Breakdown of marriage - Spouse had left Ireland - False and misleading documentation - Marriage of convenience - Revocation of residence card - New partner - Child - Applicant applied for permission to reside in the State based on his Irish-born citizen child - Applicant's application deemed ineligible - Applicant seeking to quash a decision refusing his application for a certificate of naturalisation - Submissions - Whether the refusal to grant a certificate of naturalisation was justified based on the applicant's provision of false and misleading documentation - Court held that the decision and recommendation was lawfully made - Application refused
Injunctions
Limerick Language Centre Limited v Minister for Justice, Home Affairs and Migration, Minister for Further and Higher Education, Research, Innovation and Science, and ors; Erin School of English Ltd t/a Erin College v Minister for Justice, Home Affairs and Migration, Minister for Further and Higher Education, Research, Innovation and Science, and ors
16/9/2026 Nos. 2026 1187 JR; 2026 1188 JR [2026] IEHC 668
Injunctions - Judicial review - Applicants seeking interlocutory injunctive relief - English-language colleges - Applicants challenging decisions which directed the removal of the applicants and their English language programmes from the Department of Justice's “interim list of eligible programmes for student immigration permissions for English language programmes run by English language colleges” (ILEP) scheme - Alleged breaches of fair procedures in the manner in which the appeal decisions were arrived at - Claim of immediate and irreparable harm - Orders sought restraining the operation of the decisions pending the determination of their judicial review applications - Balance of justice - Whether the least risk of injustice favoured staying decisions removing the applicants from the scheme - Court held the balance of justice decisively favoured the refusal of the interlocutory injunctive relief sought - Applications refused
Insolvency
McEnerney, Gemma of Glasnevin, Dublin (a debtor)
22/9/2026 No. 2025 11 CA [2026] IEHC 639
Insolvency - Indebtedness - Mortgage arrears - Application for the approval of a personal insolvency arrangement - Sole creditor objects to the arrangement - Creditor claims excessive reliance on unreliable rental income - Ill health - Risk of arrangement failing - Affordability - Prejudice - Interest rate reduction - Alternative of possession proceedings - Personal insolvency arrangement approved
McEnerney, Gemma of Glasnevin, Dublin (a debtor)
Intellectual Property
Choice Broadcasting Ltd v Bauer Audio Ireland Ltd
2/10/2026 No. 2025 3467 P [2026] IEHC 655
Intellectual property - Trade mark infringement - Passing off - Brand name - Confusion - Damages claim - Plaintiff claim that defendant's use of the brand name "Greatest Hits Radio" is confusingly similar to the plaintiff's brand-name "Classic Hits Radio" - Plaintiff seeking reliefs including orders restraining the defendant from infringing the plaintiff's trade mark "Classic Hits" from using the brand name "Greatest Hits Radio" on delivery platforms available in the Republic of Ireland - Plaintiff claiming damages for trade mark infringement - Whether the plaintiff has proved the tort of passing off - Court held that the plaintiff had failed to prove the tort of passing off and had failed to prove misrepresentation leading or likely to lead to confusion - Claim refused
Choice Broadcasting Ltd v Bauer Audio Ireland Ltd
Planning and Development
Busher, Martin and ors v An Coimisiún Pleanála; and Uisce Eireann, in the matter of Sections 50, 50A and 50B of the Planning and Development Act 2000 (No. 3)
2/10/2026 No. 2025 1205 JR [2026] IEHC 653
Planning and development - Judicial review - Planning permission - Wastewater treatment plant - Grant of planning permission - Challenge - Decision to grant permission upheld - Applicants seeking leave to appeal - Submissions - Applicants' proposed questions of alleged exceptional public importance - Whether the points properly arise - Whether the points raised are the points of public importance - Whether an appeal is in the public interest - Court held that the application for leave be dismissed
Leamlara Preservation Group and Califf Delaney v An Coimisiún Pleanála; and Ballysallagh Solar Farm Ltd and Cork County Council (notice parties)
18/9/2026 No. 2026 520 JR [2026] IEHC 631
Planning and development - Solar farm development - Grant of planning permission - Applicants seeking an order of certiorari quashing the decision of the respondent to grant the notice party planning permission - Applicants challenging the decision on various grounds - Whether first respondent failed to identify the potential cumulative environmental effects with an adjacent proposed solar farm project - Whether first respondent failed to make a lawful screening determination or an Environmental Impact Assessment - Whether first respondent did not adequately assess the impact of the proposed development on bats thus were in breach of Art. 6 of the Habitats Directive - Court held certain of the applicants' points were inadequately pleaded - Proceedings dismissed
North Westmeath Turbine Action Group and North Westmeath Turbine Group Limited by Guarantee v An Coimisiún Pleanála and Attorney General; and Westmeath County Council, Coole Windfarm Ltd, Greenwire Ltd and Greenwire Windfarms Ltd [notice parties] (No. 3)
22/7/2026 No. 2019 297 JR [2026] IEHC 505
Planning and development - Judicial Review - Wind farm - Grant of planning permission - Applicants challenging planning permission - Turbine dimensions - Arts. 22 and 23 of the Planning and Development Regulations 2001 - Whether the first respondent erred in its failure to find that the plans and particulars submitted with the application did not comply with the Planning and Development Regulations 2001 - Whether the planning authority acted irrationally in treating the application as compliant - Court refused to make a declaration that the notice party's application did not comply with Arts. 22 and 23 - Declaration refused
Practice and Procedure
Quinn, John v Minister for Justice, Home Affairs and Immigration and anor, and The Law Society of Ireland (notice party)
3/11/2026 No. 2026 974 JR [2026] IEHC 723
Practice and procedure - Judicial review - Legal Aid Scheme - Legal representation - Introduction of a new legal aid payment model for the District Court - Criminal Justice (Legal Aid) (Amendment) Regulations 2026 (SI No 303/2026) - One flat legal fee payment - Dispute - Withdrawal of services - Challenge - Ultra vires - Whether some provisions of the model are outside the powers of the first respondent - Whether the regulations were incompatible with the Criminal Justice (Legal Aid) Act 1962 as amended - Whether the Regulations are arbitrary, capricious and unjust - Court finds some provisions of the model as being outside the powers of the first respondent - Court will make final orders and declarations arising from her judgment after she has heard submissions
X Internet Unlimited Company v Coimisiún na Meán; and X Holdings Group and Elon Musk (notice parties)
31/7/2026 No. 2025 1831 JR [2026] IEHC 550
Practice and procedure - Judicial review - Stay - Social media - Online platform - Issues with complaint-handling mechanism - Direction - Investigation - Application for a stay on the respondent's investigation into suspected contraventions of Art. 20 of Regulation (EU) 2022/2065 (Digital Services Regulation) - Applicant seeks to challenge the Direction, the Notice of Commencement and the commencement of the Investigation on various grounds - Error in the interpretation of Art. 20 - Ultra vires variation of the scope of the investigation by the Authorised Officer - Failure of the Notice of Commencement to state particulars of the "Suspected Contravention" - Failure to define the scope of the investigation - Court held that the greatest risk of injustice would lie in granting the stay sought - Application refused
X Internet Unlimited Company v Coimisiún na Meán
8/10/2026 No. 2025 1609 JR [2026] IEHC 666
Practice and procedure - Judicial review - Statutory interpretation - Digital services regulation - Social media platform - Treatment of complaints - Applicant challenges four decisions of the respondent relating to complaints made to the Commission by users of the applicant's social media platform - Whether the respondent's decision in each case to refer the individual complaint information to its supervisory team pursuant to s. 201(4)(d) of the Broadcasting Act 2009 Act was ultra vires and unlawful - Whether the decisions were vitiated by unlawful delegations of power by the respondent - Applicant advanced further discrete grounds of challenge to the lawfulness of one of the four decisions on fair procedures grounds - Court satisfied that the respondent acted lawfully in taking the decisions it did pursuant to s. 201(4)(d) - Court refused the relief sought by the applicant save for an order of certiorari on fair procedures grounds - Application granted in part
X Internet Unlimited Company v Coimisiún na Meán
O (T) (a minor, suing by his mother and next friend R O) v Health Service Executive
1/10/2026 No. 2025 1541 JR [2026] IEHC 651
Practice and procedure - Judicial review application - Weight-loss medication - Prescription costs - Hardship scheme - Refusal to re-imburse - Applicant's application for leave to challenge a decision refusing, under s. 23 of the Health (Pricing and Supply of Medical Goods) Act 2013, to supply prescription weight-loss medication - Respondent opposes the grant of leave on the grounds that the applicant had no prospect of succeeding in the case - Whether the applicant had an arguable case - Whether the decision makers properly considered potentially significant evidence concerning a rare syndrome - Court held that the applicant had an arguable case in respect of the application to quash the decision refusing to supply the patient with weight-loss medication based on clinical need and in the absence of an alternative under s. 23 of the Act - Application granted
O (T) (a minor, suing by his mother and next friend R O) v Health Service Executive
Professional Regulation
Health & Social Care Professionals Council v Stack Rivas, Anna Marie
16/9/2026 No. 2026 476 MCA [2026] IEHC 664
Professional regulation - Sanctions - Respondent a physiotherapist - Complaints - Inquiry - Findings of misconduct - Registration - Suspension - Applicant's application seeking orders under s. 70 of the Health and Social Care Professionals Act 2005 (as amended) confirming its decision to impose certain sanctions on the respondent - Suspension pending compliance with ethics and professionalism course - Applicant to refrain from holding herself out as a physiotherapist and/or healthcare worker if and when expressing views of the Government's handling of Covid-19 in public - Submissions - Procedural fairness - Court found there was no procedural impropriety or irregularity - Orders granted
Health & Social Care Professionals Council v Stack Rivas, Anna Marie
Property Law
Pepper Finance Corporation (Ireland) dac v Mallon, Cathal
2/10/2026 No. 2025 252 CA [2026] IEHC 649
Property law - Mortgage - Default - Order for possession - Appellant appealing against an order for possession of his principal private residence - Loan transfer - Whether the respondent had established the entitlement to obtain possession on a summary basis - Evidence - Transfer documentation - Deficiencies - Claim that assignment documentation is incomplete, materially redacted and fails to demonstrate an effective transfer of the debt and security - Court finds the respondent has not established the entitlement to obtain possession because it failed to prove ownership of the debt and mortgage - Application for an order for possession refused - Appeal allowed
Pepper Finance Corporation (Ireland) dac v Mallon, Cathal
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