Case law update -  10 April

Recent superior court cases cover arbitration, communications law, defamation, easements, employment, environmental law, European arrest warrants, family law, injunctions, landlord and tenant, personal injuries, practice and procedure, proceeds of crime, procurement and more.

Case Law Archive

Arbitration 

Project Solartechnik Fund Fundz Inwestycyjny Zamkniety v Solis Bond Company DAC, AKT OIK GC 1 SO Z.O.O and Alternus Energy Group plc, in the matter of The Arbitration Act 2010, in the matter of The New York Convention and in the matter of an arbitration 

22/1/2025 No. 2024/606 MCA [2025] IEHC 64 

Arbitration - Polish company - Arbitral award against two Irish companies - Application by the applicant, a Polish company, for orders seeking recognition and enforcement of a Polish arbitral award - Stay sought by third respondent - Scheme of arrangement - Art. 35 of the UNCITRAL Model Law and Articles III and IV of the New York Convention - Applicant entitled to have the Polish arbitral award recognised and enforced in this jurisdiction as against the first and third respondents - Stay refused - Judgment against the first and third named respondents in the sum of 27million Polish zloty 

 

Communications Law 

Commission for Communications Regulation v Virgin Media Ireland Limited 

7/2/2025 No. 2022/229 MCA [2025] IEHC 66 

Communications law - Communications regulation - Consumer choice - Switching service providers - Contract termination - Imposition of 30 day notice periods - 'save activity' - Better offer - Whether save activity acted as a disincentive to switching providers - Whether there was non-compliance with an obligation imposed by the Regulations - European Communities (Electronic Communications Networks and Services) (Universal Service and Users Rights) Regulations 2011 - Court found the respondent did not comply with its obligations under regulation 25(6)(b) of the Regulations - Court grants declaration that respondent had failed to comply with its statutory obligations insofar as it engaged in 'save activity' - Order made requiring the respondent to amend its training materials and providing appropriate training to its agents 

 

Defamation 

Ganley, Declan and Rivada Networks Inc v Cable Network News Inc, Cable News International Ltd, and Turner Broadcasting System Europe Ltd 

11/2/2025 No. 2021/1110 P [2025] IEHC 62 

Defamation - Issuing of proceedings - Forum non conveniens - Jurisdiction - News story - Publication - Award of a lease of mid-band spectrum (telecommunications) to an entity titled 'Rivada' - Plaintiffs argued the entity referred to a group of companies registered in Ireland which included the second named plaintiff which was associated with the first named plaintiff - Defendants contended that the statement referred to a US-registered company - Whether the proceedings should have been brought in Washington DC - Defendants' application to stay the proceedings on ground of forum non conveniens - Submissions - Expert opinion in foreign law - Whether the statutory limitation period for bringing a defamation action in Washington DC had expired - Court refuses to stay the Irish proceedings 

 

Easements 

Harnett, Patrick and ors v Broadreach Investments Ltd 

30/1/2025 No. 2021/3673 P [2025] IEHC 47 

Easements - Right of way - Dispute - Hotel - Avenue - Farmers - Access - Domestic purposes - Access to farmlands - Use of avenue for many years without hotel's permission - Right of way by prescription - Plaintiffs claim they have a right pursuant to s. 34 of the Land Law (Ireland) Act 1896 or an easement of necessity or by common intention or acquired a right of way by prescription - Submissions - Plaintiffs have access rights to their properties via the hotel’s main avenue 

 

Employment  

Ronan, Tom v Commissioner for An Garda Siochana, Ireland, and Attorney General 

14/2/2025 No. 2025/447 P [2025] IEHC 79 

Employment - Mandatory retirement - Interlocutory injunction application - Plaintiff aged 70 years - Plaintiff was required to retire from his position as a civilian driver for the first defendant - Discrimination claim brought to the  Workplace Relations Commission - Determination that the plaintiff had been discriminated against on the grounds of age - Re-engagement ordered - Stay on determination - Appeal to the Labour Court - Defendant refused to re-engage the plaintiff - Plaintiff obtained an interim injunction requiring that the plaintiff be re-engaged in accordance with the decision of the WRC - Defendant application seeking to discharge interim injunction - Applicable principles - Threshold - Plaintiff's application for an interlocutory injunction refused - Ordered that the interim injunction granted be discharged 

 

Environmental Law 

Friends of the Irish Government v Minister for the Environment, Climate and Communications, Government of Ireland, and ors 

7/2/2025 No. 2023/627 JR [2025] IEHC 61 

Environmental law - Judicial review - Climate Action Plan 2023 (CAP23) - Previous proceedings - National climate mitigation plan quashed as being insufficiently detailed - Applicant seeks to challenge CAP 23 -  Whether the CAP 2023 and Annex of Actions are invalid as they, and the steps leading to their adoption, do not comply with the requirements of ss. 3(3), 3(4), 3(5), 4(2)(a), 4(2)(b) and 4(3) of the Climate Action and Low Carbon Development Act 2015 (as amended) - Whether there is a breach of administrative law requirements or specific requirements - Whether there is a lack of specificity in the published plan as to how compliance with climate objectives and targets will be secured - Whether the applicant has evidentially succeeded in demonstrating any illegality of the plan - Proceedings dismissed 

 

European Arrest Warrant 

Minister for Justice v Dumitri, Cerban (aka Dumitri Cerban) 

7/1/2025 No. 2024/219 EXT [2025] IEHC 69 

European arrest warrant - applicant seeks an order for the surrender of the respondent to the United Kingdom on foot of one Trade and Co-Operation Agreement warrant - Warrant of arrest - Respondent's failure to answer bail in respect of his trial for 10 sexual offences in respect of which he was convicted in his absence - Respondent objects to his surrender - Prison conditions in the - Risk the respondent would suffer inhuman and degrading treatment and/or that his right to privacy and bodily integrity would be breached - Objections dismissed - Order made for the surrender of the respondent to the United Kingdom 

 

Family Law 

R (T) v C (O B), in the matter of Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010, as amended 

7/2/2025 No. 2024/54 CAF [2025] IEHC 76 

Family law - Cohabitation relationship - Two children - Separation - Consent terms - Circuit Court order - Appeal - Dispute - Inadequate support - Property sale - Maintenance of children - Financial provision - Agreed terms - Alleged non-disclosure - Attempt to re-litigate matters already agreed upon - Appeal dismissed 

 

Injunctions 

Clipper BCS LLP and Steven Parkin v Foley, Joseph and Ballyhane Ltd 

11/2/2025 No. 2024/3633 P [2025] IEHC 72 

Injunction - Interlocutory injunction application - Stallion - Ownership - Dispute - Plaintiffs allege that they are the full owners of the stallion - Plaintiff application for a mandatory injunction that the stallion be moved to a third party stud farm - Defendants allege that they own 50% of it and have refused to allow it to be moved to another stud - Defendants seek a declaration that they hold a 50% interest in the stallion - Expenses - Remedy - Damages - Plaintiff application refused 

 

Landlord and Tenant 

Byrne, Anthony v Residential Tenancies Board; and Derek Stacey (notice party) 

4/2/2025 No. 2024/375 MCA [2025] IEHC 84 

Landlord and tenant - Tenant - Rent arrears - Notice of termination - Tenant made and application to the RTB - Determination order - Findings - Tenant reduced rent payment for non-use of services (TV and broadband) without agreement with the landlord - Tenant failed in his obligations in paying the rent - Accrual of arrears - Notice of termination upheld - Statutory appeal - S. 123(3) of the Residential Tenancies Act 2004 - RTB erred in law in not recognising the existence of an implied agreement between him and the landlord for in relations to him not being charged for TV and broadband - Charges in relation to TV and Broadband should never have been part of the calculation of arrears - Appellant's appeal dismissed - RTB determination order upheld 

 

Personal Injuries 

Maher, James Thomas v Moriarty, Keith and Patrick Moriarty 

17/1/2025 No. 2019/6149 P [2025] IEHC 20 

Personal injuries - Road traffic collision between van and motorcycle - Personal injury claim and a counterclaim for damage to the defendant's vehicle - Liability contested - Negligence and contributory negligence - Expert evidence - Medical evidence - Quantum - General damages awarded to the plaintiff in the sum of  €232,500 to be reduced by 50% by  contributory negligence - Counterclaim valid - Liability  on the counterclaim must be reduced by 50% to reflect the defendants' contribution 

 

Practice and Procedure 

McDonnell, Peter v Association of Chartered Certified Accountants 

30/1/2025 No. 2023/682 P [2025] IEHC 71 

Practice and procedure - Accountant - Defamation action - Damages claim - Rights breach under the Data Protection Act 2018 - Regulating body registered in London - Service of legal proceedings - Jurisdiction - Brexit - Service outside the jurisdiction to the UK - O. 11, r. 1 of the RSC - Service of summons - Whether correct procedure followed - Technical breach -  Order made setting aside th service of the proceedings in accordance with O. 12, r. 26 of the RSC 

Kelly, Patrick v University College of Dublin and National University of Ireland Dublin; and Law Society of Ireland and the General Council of the Bar of Ireland (amici curiae) 

12/2/2025 No. 102/2023 [2025] IESC 6 

Practice and procedure - High Court proceedings - Interlocutory motion in respect of the production of documents -Whether High Court judge should be disqualified from hearing the case - Bias - Recusal - Non-disclosure - Conduct of judges - Guidelines on judicial conduct and ethics - Whether a judge should be disqualified from hearing a case when one party is represented by a firm where a close relative of the judge  works in that firm but has no involvement in, or connection to, the case itself - Judge not disqualified from hearing the case - Appeal dismissed 

 

Proceeds of Crime 

Criminal Assets Bureau v Calvert, Dermot, Martina Harty, and Stacey Calvert, in the matter of Section 3(1) of the Proceeds of Crimes Act 1996 

15/1/2025 No. 2022/16 CAB [2025] IEHC 73 

Proceeds of crime - Assets - Properties - Cash seizure -  Bureau seeks orders under s.3(1) of the Proceeds of Crime Act 1996 (the 1996 Act) in respect of the assets - Whether the assets are derived from proceeds of crime - Property purchases - Property renovations - Purchase of cars - Reliance on social welfare - Involvement in criminal activities - Drug dealing - Access to substantial undisclosed means in excess of sources of legitimate income and means - Order under s.3(1) of the 1996 Act in relation to each the assets - Applicant will allow the third-named respondent and her children to reside in a seized property for seven years from the date of the s.3(1) order relating to this property 

 

Procurement 

Kerrigan Sheanon Newman Unlimited Company v Sustainable Energy Authority of Ireland 

6/2/2025 No. 2024/882 JR [2025] IEHC 65 

Procurement - Property retrofitting - Tender process - Confidential pricing structure - Disclosure - Applicant claims that the price contained in the notice party's winning tender was too low - Challenge to the legality of the tender process - Competitors - Sensitive commercial information - Whether the confidential pricing structure which was submitted by a successful tenderer should be disclosed to an unsuccessful tenderer - Confidentiality rings (a group of named individuals who are the only ones permitted to view certain confidential documentation produced by way of discovery) - Applicant seeks an order that a director of the losing tenderer should be permitted to be part of the confidentiality ring - Application for the disclosure of notice party's pricing information refused - Request that a director of the losing tenderer be entitled to be part of the confidentiality ring refused 

 

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