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Case law update - 4 December
Recent cases published on the Courts website are listed below.
Criminal Law
M v DPP
29/9/2025 No. 2024 332 JR [2025] IEHC 512
Criminal law - Prosecutorial delay - Applicant employed by a car dealership - Offences of theft, forgery and using a false instrument - Applicant seeking to restrain a criminal prosecution on the grounds of prosecutorial delay - Death of one of the intended prosecution witnesses - Argued that the witness would have been available had the criminal prosecution been brought to trial within a reasonable period - Applicant claims An Garda Síochána failed failure to properly preserve and disclose evidence - Application dismissed
Environmental Law
Sweetman, Peter v Environmental Protection Agency, Ireland and the Attorney General; and Anglo Beef Processors Ireland Unlimited Company (notice party) (No. 2)
16/10/2025 No. 2023 920 JR [2025] IEHC 539
Environmental law - Judicial review - Industrial Emissions Licences - Environmental protection - Applicant seeking a declaration that the State had failed to properly transpose Arts 1 to 6 inclusive of EIA Directive 2014/52/EU - Standing - Whether the applicant lacks standing to challenge the proper transposition of EIA Directive 2014/52/EU into domestic law in the absence of an associated factual matrix - Cahill v Sutton [1980] IR 269 - Actio popularis - Whether the applicant demonstrated the exceptionality required to justify a departure from the general rule as to standing as laid down in Cahill - Proceedings dismissed
European Arrest Warrant
Minister for Justice v Balgova, Lucie
21/10/2025 Nos. 2024 194 EXT; 2024 207 EXT [2025] IEHC 560
European arrest warrant - Czech authorities seek the surrender of the respondent on two European Arrest Warrants - Surrender is sought to serve a sentence of imprisonment and for her prosecution for one offence of theft - Respondent objects to her surrender - Interference with family rights - Respondent is of Roma ethnicity and has suffered prejudice in Czechia - She is the sole carer for her children - Exceptional circumstances - Proportionality - Previous criminal record - Submissions - Order made for the surrender of the respondent to the Czech authorities
Minister for Justice v Balgova, Lucie
Extradition
Attorney General v Lytvynenko, Oleksii Oleksiyovych
13/10/2025 No. 2025/36 [2025] IECA 212
Extradition - Appellant, a Ukrainian national, appealing against the judgment of the High Court ordering his extradition to the United States of America - Appellant granted temporary protection following his arrival in this jurisdiction after the Russian invasion of Ukraine - Offences of conspiracy to commit fraud and wire fraud involving ransomware attacks - Whether his extradition to the USA would breach his fair trial rights under Article 6 of the European Convention on Human Rights - Whether his extradition would disproportionately interfere with his family life rights under Art. 8 of the ECHR and Art. 41 of the Constitution - Risk of refoulement to Ukraine following criminal proceedings in the USA - Appeal against the order made by the trial judge dismissed
Attorney General v Lytvynenko, Oleksii Oleksiyovych
Family Law
C (S) v T (B), in the matter of the Family Law Act, 1995
13/10/2025 No. 2024 42 M [2025] IEHC 547
Family law - Cohabitants - Relationship breakdown - Applicant issued a Special Summons seeking relief pursuant to the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 - Applicant asserts residence at two addresses, one in England and one in Ireland and that the parties have cohabited for in excess of three years - Claim for redress - Contribution to household - Primary residence - Whether the applicant ordinarily resident in Ireland during a specified period - Evidence - Application dismissed
C (S) v T (B), in the matter of the Family Law Act, 1995
Immigration
H (A A) v International Protection Appeals Tribunal, Minister for Justice and Equality, and ors; A (M H) v International Protection Appeals Tribunal and Minister for Justice and Equality
15/10/2025 Nos. 2025/68; 2025/69 [225] IECA 203
Immigration - International protection - Appellants are Somali nationals and applied for international protection - Appellants' respective applications for international protection were inadmissible on the ground that they had obtained international protection in Greece - Return to Greece - Appellants challenging the decision - Whether the process is unlawful - Material poverty - Vulnerability - Whether the appellants have established that there is a significant risk of homelessness and destitution for recognised asylum seekers in Greece - Appeals dismissed
M (Z) v International Protection Appeals Tribunal and Minister for Justice and Equality; G (N)v International Protection Appeals Tribunal, Minister for Justice and Equality, and ors - UNAPPROVED
21/10/2025 Nos. 2024/11; 2024/50 [2025] IECA 208
Immigration - International protection - Real risk of serious harm - Appellants, a Georgian national and an Albanian national, sought and were refused state protection - Appellants challenge the manner in which the first respondent reached the decision refusing their appeals - Whether the first respondent erred in failing to apply a statutory presumption of future persecution based on past persecution under section 28(6) of the International Protection Act 2015 - Whether state conditions and police actions in Georgia and Albania afford sufficient protection to asylum applicants - Country of origin information - Adequacy of state protection available - Designation that both countries of origin are safe countries - Analysis of credibility - Appeals dismissed
Injunctions
Clarke, Thomas and Catherine Clarke v Pepper Finance Corporation (Ireland) DAC and James Anderson
21/10/2025 No. 2025 793 P [2025] IEHC 564
Injunction - Interlocutory injunction - Property - loan - Mortgage - Default - Receiver - Power of sale - Plaintiffs' application for an injunction prohibiting the defendants from selling a property - Appointment of receiver - Validity - Alleged invalid deed - Forged signatures - Trespass - Adequacy of damages - Whether the plaintiffs raised a fair question to be tried - Whether the balance of justice is in favour of granting an injunction - Ryan v. Promontoria [2025] IEHC 362 - Balance of justice - Application refused
Clarke, Thomas and Catherine Clarke v Pepper Finance Corporation (Ireland) DAC and James Anderson
Planning and Development
Churchfields Management clg v An Bord Pleanála, Ireland and Attorney General; and Winterbrook Homes Ltd (notice party)
19/9/2025 No. 2021 874 JR [2025] IEHC 495
Planning and development - Judicial review - Institutional lands - Development of residential units - Grant of planning permission - Challenge - Neighbouring residents applying for an order by way of judicial review quashing the decision to grant planning permission - Master plan requirements - Common ownership - Adjoining lands still in institutional use omitted from developer's master plan - Failure to disclose - Material contravention - Order of certiorari granted quashing the decision to grant permission
O Murthuile, James v An Bord Pleanála and Martin Flynn (notice party)
19/9/2025 No. 2024 177 JR [2025] IEHC 498
Planning and development - Judicial review - Retention permission - Applicant seeks an order of certiorari quashing a decision of the respondent to grant retention permission to the notice party for renovations and alterations to an existing house, septic tank and percolation area and provision of a gravel parking area - Material contravention - Local development plan - Protected habitats - Whether the respondent adequately assessed the impact on protected habitats - Whether the respondent gave sufficient reasons for its decision - Proceedings dismissed
O Murthuile, James v An Bord Pleanala and Martin Flynn (notice party)
Bencik, Michael and Yvonne Nolan v Hilltop Quarries Ltd and David Condell, and Carlow County Council (notice party)
20/10/2025 No. 2024 333 MCA [2025] IEHC 551
Planning and development - Quarrying - Unlawful development - Environmental impact - High Court proceedings - High Court order made directing the respondents to cease from carrying out unauthorised quarrying and other activities - Failure to comply with court order - Contempt of court - Remediation - Whether the court should impose sanctions, including remediation, for unauthorised quarrying - Order made requiring the respondents to cease the unauthorised use and unauthorised development and that the lands are restored to their condition prior to the commencement of the unauthorised development
Practice and Procedure
B (G) v International Protection Appeals Tribunal and ors
20/10/2025 No. 2025 1073 JR [2025] IEHC 543
Practice and procedure - Immigration - Georgian national - Refusal of application for international protection - Appeal - Extension of time - Statutory time limits - Application to quash decision of IPAT to refusing to extend time - Applicant's solicitor - Procedural failures - Whether the applicant demonstrated special circumstances to justify the late appeal - Application refused
B (G) v International Protection Appeals Tribunal and ors
Revenue
Bell Transport Ltd v Revenue Commissioners, in the matter of a case stated from the Tax Appeals Commission
20/10/2025 No. 2023 83 R [2025] IEHC 544
Revenue - Appellant appealing by case stated from the determination of the Tax Appeal Commission - Questions raised - Customs duty - Returned goods relief - Brexit - Union customs code - Vehicles imported from the UK - Implications in respect of the vehicles' eligibility for Returned Goods Relief (RGR) from customs duty on their "re-import" to the EU - Whether the vehicles thus "left" the Union within the meaning of Arts. 154 and 203 of the Union Customs Code at the moment of departure from the EU - Whether goods imported into the EU after the UK's exit from the EU retained their customs status - Whether the appellant was entitled to RGR - Whether the appellant had the requisite proofs to establish that it was entitled to RGR - Questions answered
Cummer Coaches Ltd v Revenue Commissioners, in the matter of the case stated pursuant to Section 949AQ of the Taxes Consolidated Act 1997 as amended
20/10/2025 No. 2022 164 R [2025] IEHC 508
Revenue - Case stated - Statutory interpretation - Public transport service - Tour coaches - Value Added Tax (VAT) refund - Eligibility - Appellant appealing a determination of the Commissioner refusing the appellant's appeal against the refusal of a claim for repayment of VAT under the Value-Added Tax (Refund of Tax) (Touring Coaches) Order 2012 (SI 266/2012) - Whether the appellant company was a "qualifying person" eligible for VAT refund on new touring coaches - Group transport contracts - Qualification - Whether the vehicles were primarily used for general public transport or for the provision of transport services to tourists - Whether the Commissioner erred in his approach to the interpretation of s. 2 of the Order - Appeal dismissed
McNamara, John (deceased) v Revenue Commissioners, in the matter of the case stated pursuant to Section 949AQ of The Taxes Consolidation Act 1997, as amended
20/10/2025 No. 2023 4 R [2025] IEHC 507
Revenue - Case stated - Questions of law - Income tax - Overpayment - Refund - Statutory time limits - Appellant appealing from the Tax Appeal Commission's determination rejecting the appellant's appeal from the refusal of the respondent to refund overpaid income tax on the basis that the refund was claimed outside the four-year time limit prescribed by s. 865(4) of the Taxes Consolidation Act 1997 - Whether an appellant's claim for repayment was filed within the statutory time limit – Access to PAYE information - Whether the taxpayer's amended return contained all necessary information the Revenue Commissioners required to establish entitlement to a refund - Appeal upheld
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
