Case law update -  17 October

Recent superior court cases cover criminal law, European arrest warrants, family law, personal injuries, planning and development, practice and procedure and more.

Recent cases published on the Courts website are listed below.

Criminal Law

People (DPP) v Hannan, Eoin

30/7/2024 No. 208/2022 [2024] IECA 203

Criminal law - Sentencing - Offence of harassment - Further counts committed while on bail - Conviction - Consecutive sentences - Appellant appealing against severity of sentence - Offences non-violent in nature - Appellant afflicted with bi-polar disorder - Personal circumstances - Previous convictions - Mental illness - Appeal dismissed

People (DPP) v A (A)

30/7/2024 No. 35 CJA/22 [2024] IECA 225

Criminal law - Sentencing - Offences of rape and sexual assault against children - Sentences of 15 years and 4 years to run concurrently - Applicant seeking review of sentences on the grounds of undue leniency - Sentence imposed on each count does not reflect the overall gravity of the offending - Submissions - Headline sentence too low - Respondent re-sentenced

European Arrest Warrant

Minister for Justice and Equality v Seidi, Manuel Rui

28/8/2024 No. 2024/156 EXT [2024] IEHC 538

European arrest warrant - Applicant seeks order for the surrender of the respondent to Portugal - Prosecution for drug offences and handling counterfeit currency - Respondent objects to his surrender - Judicial oversight - Issuing of the second EAW was an abuse of process in circumstances where the first European arrest warrant that it replaces was knowingly issued unlawfully - Breach of the respondent's rights - Objection dismissed - Order made for the surrender of the respondent to Portugal

Family Law

N (K C) v N (P)

17/7/2024 No. 2024/60 M [2024] IEHC 536

Family law - Judicial separation application and ancillary reliefs - One dependent child - "Proper" provision - "Adequate and reasonable" provision - Principles applicable - Occupations - Sources of income - Pensions - Assets and liabilities - Open offers made by the parties - Evidence - Provisions ordered

Personal Injuries

Scanlan, Noreen v McDonnell, Michael t/a The Woodlands Caravan and Camping Park

4/6/2024 No. 2022/5762 P [2024] IEHC 324

Personal injuries - Damages claim - Caravan park - Power cable running from a power source to the plaintiff's caravan - Trip and fall - Arm fracture and thumb injury - S.3 of the Occupier's Liability Act 1995 - Expert evidence - Positioning of services posts - Whether there was a breach of duty of care - Action dismissed

Keenan, Wendy v O'Callaghan, Fergus

18/6/2024 No. 2021/4833 P [2024] IEHC 357

Personal injuries - Damages claim - Road traffic accident - Roundabout - Collision - Injuries to neck and spine - Chronic pain - Medical evidence - Loss of earnings - Assessment of damages - Judgment for the plaintiff in the sum of €335,174

Planning and Development

Bartra Property (Dublin) Limited v Dun Laoghaire Rathdown County Council

4/9/2024 No. 2022/352 JR [2024] IEHC 535

Planning and development - Application for judicial review - Development Plan - Zoning - Decision of county council to change zoning to exclude residential development - Applicant challenging validity of the decision - Failure to give adequate reasons, failure to take account of relevant considerations, taking account of irrelevant considerations and improper discrimination or singling out of the applicant’s lands - Application for judicial review refused

Grall, Thomas v Meath County Council and ors

31/7/2024 No. 2013/783 JR [2024] IEHC 509

Planning and development - Quarry - Registration - Operation - Conditions imposed - Financial contribution - Successful appeal - Fresh consideration of status of the quarry pursuant to s.261A of the Planning and Development Act 2000 - Council determined that the proposed development was not in fact a pre-1.10.1964 development - Applicant seeking various reliefs - Orders of certiorari quashing the decisions of the Council and An Bord Pleanala - A declaration that the provisions of s.261A(4(a)) of the PADA are unconstitutional - Evidence considered - Applicable laws - Reliefs refused

Murphy, Paul and ors v An Bord Pleanala, and Clonkeen Investments DAC (notice party)

30/8/2024 No. 2022/148 JR [2024] IEHC 186

Planning and development - Development of land - Proposed development of 299 housing units on site owned by Congregation of Christian Brothers - Strategic Housing Development fast-track procedure - Grant of planning permission - Applicants seeking order of certiorari quashing the decision - Interpretation of development plan - Application of policies for lands in institutional use - Whether the board's approach in respect of institutional lands was made in excess of its powers - Errors identified in the approval decision - Order of certiorari granted

Practice and Procedure

Fox, Adrian v Walshe, David, Caroline O'Grady and ors

5/9/2024 No. 2023/5422 P [2024] IEHC 507

Practice and procedure - Property owner - Plaintiff the registered owner of the property acquired at auction - Property occupied by first defendant - First Defendant claims to have acquired an interest in the property by virtue of adverse possession - Plaintiff seeks to restrain the first and third defendants from trespassing thereon - Plaintiff application for orders prohibiting third defendant from reducing assets (freezing order) and for first defendant to provide security for costs of proceedings - Evidence - Applications for a freezing order and for security for costs refused

 

Return to LawWatch

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