Case law update -  10 October

Recent superior court cases cover company law, constitutional law, employment, immigration, injunctions landlord and tenant, legal services, practice and procedure and more.

Recent cases published on the Courts website are listed below.

Company Law

City Quarter Capital II plc, In the matter of

30/8/2024 No. 2024/117 COS [2024] IEHC 530

Company law - Investment - Debts - Creditor - Petition - Winding-up - Application to substitute petitioner - S. 572(5) of the Companies Act 2014 and/or O. 74, r. 18 of the RSC - Application opposed - Whether party has standing to present the petition - Whether an abuse of process to permit substitution where a party does not have standing - Order granted substituting petitioner - Terms to be decided on which that substitution will be permitted

 

Constitutional Law

Musueni, Noah and David Amah v Ireland and ors

2/9/2024 Nos. 2024/672 JR; 2024/731 JR [2024] IEHC 523

Constitutional law - Offence of murder - Sentencing regime - Equality - Art. 40.1 of the Constitution - Juvenile offenders - Aging out - Age at date of commission of offence - Age at date of sentencing - Differing treatment depending on age at the date of sentencing - Juvenile offender who has "aged out" prior to the date of sentencing falls to be sentenced as an adult - Sentencing regime for an offence of murder, as currently formulated, does not comply with the guarantee of equality under Art. 40.1 of the Constitution of Ireland

 

Employment

Holland, Edmond v Health Service Executive and Midland Louth Meath Mental Health Services

30/8/2024 No. 2023/709 JR [2024] IEHC 533

Employment - Age discrimination - Application for judicial review - Consultant psychiatrist - Applicant had reached the maximum retirement age of 70 applicable to his employment status - Applicant taken off salary - Damages claim in the amount of 18 months’ salary - Entitlement to work - Legislation - Public Service Superannuation (Age of Retirement) Act 2018 - Challenge - Application refused

 

Immigration

Sibanda, Nkosinosizo v Minister for Justice and Equality & Ors - UNAPPROVED

30/7/2024 No. 2023/290 [2024] IECA 206

Immigration - Appellant a recognised refugee - Family reunification - Appellant seeking permission for her daughter to enter the State and to reside with her - S. 56(9)(d) of the International Protection Act 2015 - Exclusion of adult child - Whether s. 56(9)(d) unconstitutional - Unequal treatment - Family life - Whether s. 56(9)(d) interferes with the rights protected under Art. 8 of the ECHR - Appeal dismissed

 

Injunctions

McGreal, Patrick v Minister for Housing, Local Government & Heritage of Ireland

31/7/2024 No. 2024/971 JR [2024] IEHC 520

Injunction - Application for ex parte injunction - Planning and development - Hotel - Ukrainian refugees - Temporary accommodation - Plan to now house international protection applicants - Opposition - Protests - Public law dispute - Legislation - Planning and Development (Exempted Development) (No. 4) Regulations 2023 - Challenge - Legality - Application for an ex parte injunction refused

 

Landlord and Tenant

O'Sheehan, Cormac, Mantas Skipanas and Pellin Fildisi v Residential Tenancies Board; and Chris Richardson and Jane Richardson (notice parties)

2/9/2024 No 2024/70 MCA [2024] IEHC 521

Landlord and tenant - Previous proceedings - Eviction notice - Complaint - Decision of the tenancy tribunal that eviction notice was valid - High Court found ruling 'not correct' - Outstanding issues - Submissions - Whether order for remttal be made - Whether statutory ceiling on damages is an issue before the court - Legal costs - Orders made

 

Legal Services

Zapryanova, Tinka v Legal Services Regulatory Authority, and Declan Wade BL (notice party) - UNAPPROVED

31/7/2024 No. 2023/285 [2024] IECA 198

Legal services - Complaint - Inadequate services - Misconduct - Review - Determination that complaint inadmissible - Judicial review application challenging the determination - Whether the legal services provided by the barrister amount to professional misconduct - Affirmed that the barrister's actions were in the client's best interests to protect against the expiration of statutory limitations - Fair procedures - Appellant afforded all necessary opportunities to present her case - Appeal dismissed

 

Durnin, Conor v Horse's Mouth Limited t/a Sportcaller

19/8/2024 No. 2024/3335 P [2024] IEHC 532

Injunction - Software developer - Buy back - Dispute - Suspension - Dismissal - Application for an interlocutory injunction restraining the defendant from taking steps to terminate the employment of the plaintiff together with order for payment of salary and emoluments - directions sought to facilitate the plaintiff's resumption of his duties as head of B2B - Reputational damage - Balance of convenience - Plaintiff allowed to return to work - Suite of interlocutory orders made

 

Practice and Procedure

Coastal Concern Alliance v Minister for Housing Local Government and Minister of State at the Department of Housing, Local Government and Heritage with special responsibility for Local Government and Planning; and RWE Renewables Ireland Limited (notice party)

2/9/2024 No. 2021/352 JR [2024] IEHC 524

Practice and procedure - Judicial review - Applicant seeks to challenge a decision to grant a foreshore licence - Decision-making process - Failure to comply with Art. 6(3) of the Habitats Directive - Mootness - Application for leave to amend statement of grounds - Application dismissed - Consideration of what relief should be granted - Order of certiorari setting aside the decision to grant a foreshore licence - Order made pursuant to O. 84, r. 27 of the RSC remitting the application for a foreshore licence to the Minister for Housing, Local  Government and Heritage

 

Allied Irish Banks plc and Everyday Finance dac v Doran, Thomas J.

2/9/2024 No. 2010/2596 S [2024] IEHC 522

Practice and procedure - Loan agreements - Debt recovery - Plaintiff application to enforce a deed of settlement - Defendant contends the deed not properly executed and is unenforceable and any agreement between the parties is vitiated by mistake - Whether the dispute can be resolved within the present proceedings - Absence of a mechanism which would allow the court to determine that dispute on a summary basis - Proceedings adjourned

 

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