Moylist Construction Limited v Doheny, [2016] IESC 9, [2016] 2 IR 283 was an Irish Supreme Court case in which the Supreme Court confirmed the Irish courts’ jurisdiction to strike out (dismiss) weak cases—those it considered “bound to fail."
Adam v The Minister for Justice, Equality and Law Reform [2001] IESC 38 is a reported decision of the Irish Supreme Court, in which the Court, in affirming High Court orders to strike out two judicial review proceedings as frivolous, held that, to challenge the decision of a public authority, one must attempt to rely on proved individual circumstances.
Nottinghamshire County Council v B[2011] IESC 48; [2013] 4 IR 662 was an Irish Supreme Court case in which the Supreme Court refused to overturn an order of the High Court returning children of married parents from England to that jurisdiction, following a request by the English courts under the Hague Convention on the Civil Aspects of International Child Abduction 1980.
Sivsivadze v Minister for Justice[2015] IESC 53; [2015] 2 ILRM 73; [2016] 2 IR 403 was an Irish Supreme Court case in which the Supreme Court dismissed a challenge to the constitutionality of section 3(1) of the Immigration Act 1999, under which the Minister for Justice order the deportation of a non-national for an indefinite period.
Vincent Sweeney v Governor of Loughlan House Open Centre and Others [2014] 2 ILRM 401; [2014] IESC 42; [2014] 2 IR 732, was an Irish Supreme Court case in which the Court held that the sentenced served in the administrating state should be of the same legal nature as the sentence imposed by the sentencing state. This decision reversed a previous decision by the High Court that Sweeney's incarceration violated the Transfer of Sentenced Persons Acts 1995 and 1997.
Kelly v Trinity College Dublin[2007] IESC 61; [2007] 12 JIC 1411; is an Irish Supreme Court case in which the Court held that former employments or associations are insufficient, in the absence of other evidence, to disqualify a person from participating in disciplinary or similar tribunals related to that former employment.
O'Connell & anor v The Turf Club, [2015] IESC 57, [2017] 2 IR 43 is an Irish Supreme Court case which explored the scope of judicial review in Ireland. It addressed whether the decisions of a sport's organizing body should be amenable to judicial review. In deciding that it was, this decision became a useful reminder that it is not only bodies created by statute, which are generally considered to be subject to public law, that are amenable to Judicial Review by the Courts.
Goold v Collins and Ors [2004] IESC 38, [2004] 7 JIC 1201 is an Irish Supreme Court case in which the Court ruled that a statutory provision's constitutionality may be reviewed only at the behest of a litigant who is contesting some current application of that provision.
Benedict McGowan and Others v Labour Court and Others [2013] 2 ILRM 276; [2013] IESC 21; [2013] 3 IR 718 is an Irish Supreme Court case, where an appeal was granted and the court made a declaration that the provisions of Part III of the Industrial Relations Act are invalid considering the provisions of Article 15.2.1 of the Constitution of Ireland. This court questioned the method by which wages and other benefits were set on a collective basis across numerous sectors.
Grace and anor v An Bórd Pleanála & ors[2017] IESC 10 is an Irish Supreme Court case in which the Court clarified the criteria for ''standing'' in relation to judicial review of environmental concerns.
Delahunty v Player and Wills (Ireland) Ltd, [2006] 1 IR 304; [2006] IESC 21 was an Irish Supreme Court case in which the Court gave a woman permission to take action for damages against two major tobacco companies in what was the first step in the battle against 'Big tobacco'.
Dunne v Minister for the Environment, Heritage and Local Government, [2007] IESC 60; [2008] 2 IR 775, is an Irish Supreme Court case concerning costs in public interest challenges. The Court allowed an appeal against the order for costs made in the High Court and also granted costs against the appellant for the unsuccessful appeal to the Supreme Court.
T(D) v L(F) & Anor, [2003] IESC 59 is a reported Irish Supreme Court case in which the Court held that in relation to foreign divorce proceedings, the burden of proof is on the parties to establish their domicile. Thus, in this case the Supreme Court dismissed the appeal of the husband and upheld the judgement of the High Court as he was unable to establish his domicile.
A v Minister for Justice and Equality, Refugee Applications Commissioner, Ireland and the Attorney General [2013] IESC 18, (2013) 2 ILRM 457 is an Irish Supreme Court case where the Supreme Court concluded that a certificate of leave to appeal was not required in order to appeal to the Supreme Court a decision of the High Court to dismiss proceedings as frivolous or vexatious.
Bula Ltd v Tara Mines Ltd [2000] IESC 15; [2000] 4 IR 412 is a reported Irish Supreme Court case in which the court considered the test for objective bias in Ireland. During this case the Supreme Court considered:
- whether Supreme Court has jurisdiction to set aside its own previous order;
- whether an appellant must show real likelihood of bias or whether reasonable apprehension of bias suffices; and
- whether a prior relationship of legal advisor and client would disqualify a judge.
K. (C.) v K. (J.)[2004] IESC 21; [2004] 1 IR 224, is an Irish Supreme Court case in which the Court held that the doctrine of estoppel could not be used to change the status of a person, when the status, as a matter of law, never actually changed.
Hickey v McGowan & ors, [2017] IESC 6 is a reported Irish Supreme Court case decision. This case concerns child abuse and vicarious liability. The second defendant sexually abused the plaintiff in class, in the presence of the other students. This happened at least once a week. Four boys who witnessed the abuse in the class gave evidence, which was accepted by the High Court. It was determined that there must be a "close connection" between the wrongful act and the actions that one had engaged the offender to perform in order for one to be made liable for the act of another.
O'Farrell and Others v Governor of Portlaoise Prison, [2016] IESC 37, [2016] 3 IR 619 is an Irish Supreme Court case where the Court dismissed an appeal made by the State against a High Court decision which ordered the release of prisoners who had been transferred from the United Kingodom to the Republic of Ireland to carry out the rest of their sentences. The Supreme Court, taking into account the relevant provisions of the Transfer of Sentenced Persons Act 1995, decided that there was no legal basis to detain the respondents as there was a failure to comply with legislative requirements concerning the adaptation of foreign prison sentences. The Court also ruled that section 9 of the Transfer of Sentenced Persons Act 1995 did not give it the authority increase the respective prison sentences of three prisoners.
M.R. and D.R. & ors v An tArd-Chláraitheoir & ors, [2014] IESC 60 is an Irish Supreme Court case in which the Court held that the Civil Registration Act 2004 only allows the birth mother to be on the birth certificate. Thus, children born through surrogacy will have the name of their birth mother on their birth certificate and not of the genetic mother, who intends to raise them.
McNulty v DPP[2009] IESC 12; [2009] 3 IR 572 is an Irish Supreme Court case where the appellant had been previously charged with possession of controlled drugs with an intent to supply contrary to the Misuse of Drugs Act 1977; the case was heard in the Dublin Circuit Criminal Court before Judge Michael White, where the jury were unable to reach a verdict and accordingly disagreed. The appellant claimed that the respondent had unfairly taken advantage of the jury's disagreement after what he claims was an incorrect decision by White J in allowing the admittance of additional evidence to make up for the "defects in proof at the first trial."
