Recent changes
Minister O'Callaghan Statement on Garda Síochána Protest Operations
Minister for Justice Jim O'Callaghan issued a press release on April 11, 2026, stating that An Garda Síochána has commenced operations to allow access to critical infrastructure including fuel, medicine, and animal feed, despite ongoing protest blockades. The Minister characterized the continued blocking as unacceptable, stating no groups are entitled to hold the public to ransom.
McGowan v An Coimisiun Pleanala - EIA Directive Urban Development Challenge
The High Court of Ireland dismissed an application challenging An Coimisiún Pleanála's approval of a single telecommunications mast, rejecting claims that Environmental Impact Assessment was required under the EU EIA Directive. The court held that telecoms masts not listed in Directive 2011/92/EU cannot be subject to EIA through the concept of 'urban development', particularly for rural locations outside development boundaries.
N v Ward of Court - Section 55 Discharge Application
The High Court of Ireland issued a ruling in Ward of Court case WOC 2233 regarding Mr. [N]'s application for discharge from wardship under Section 55 of the Assisted Decision-Making (Capacity) Act 2015. Medical evidence from Dr. [O] confirmed the respondent lacks capacity for both personal welfare and property and affairs decisions, and the court proceeded in the respondent's absence under Section 139.
Foley v Dublin City Council - Extension of Time for Judicial Review
The Irish Court of Appeal upheld the High Court's refusal to extend time for applicants seeking judicial review orders against Dublin City Council. The Court examined R.S.C. O. 84, r. 21, which requires judicial review applications be made within three months, and confirmed the stringent requirements for granting time extensions, including demonstrating good cause and circumstances outside the applicant's control.
Tolan v Brady & anor - Solicitor Negligence Claim
The Irish Court of Appeal dismissed an appeal by cattle dealer Finbar Tolan against the High Court's rejection of his original solicitor negligence claim, but granted leave to amend proceedings to add a new negligence claim regarding counsel's advice on malicious falsehood amendments that the solicitors allegedly failed to pursue.
Luke v DPP - Constitutional Challenge to Criminal Law Sexual Offences Act 2006 Peer Consent Defence
The High Court of Ireland dismissed a judicial review application challenging the constitutional validity of the Criminal Law (Sexual Offences) Act 2006. The applicant sought to extend the 'peer consent' defence to accommodate reasonable mistake as to a complainant's age. Justice Simons rejected both grounds—mens rea and equality under Article 40.1—following prior Court of Appeal precedent in Oscar v DPP [2025] IECA 278.
Ward of Court Discharge Application Under Assisted Decision-Making Act
The High Court of Ireland denied an application to discharge Ms. [R] from wardship under the Assisted Decision-Making (Capacity) Act 2015. Psychiatric evidence confirmed the respondent lacks capacity to make decisions regarding both personal welfare and property and affairs, even with co-decision-maker assistance. The court applied section 8(5)'s necessity principle before ruling.
Friends of the Irish Environment v An Coimisiun Pleanala - Gas Plant Approval Judicial Review
The High Court of Ireland dismissed an application for judicial review by Friends of the Irish Environment CLG challenging An Coimisiun Pleanala's approval of a gas-fired power plant (Shannon LNG). The court found the Planning Commission's decision was lawful under the Planning and Development Act 2000, rejecting arguments that approving new fossil fuel infrastructure conflicted with climate obligations.
Mars Capital Finance Ireland DAC v Samuel Walsh - Costs Ruling
The Supreme Court of Ireland awarded costs to Mars Capital Finance Ireland DAC following its successful appeal against Samuel Walsh. The Court applied s.169(1) of the Legal Services Regulation Act 2015 and relied on Little v Chief Appeals Officer [2024] IESC 53 and Hegarty v Commissioner of An Garda Síochána [2025] IESC 41, reaffirming that costs ordinarily follow the event.
Doyle v An Coimisiun Pleanala - No EIA Required for Single Telecoms Mast
The High Court of Ireland dismissed an application challenging An Coimisiun Pleanala's approval of a single telecommunications mast. The court held that single telecoms masts are not listed projects under EU Directive 2011/92/EU (EIA Directive) and therefore do not require environmental impact assessment. The decision aligns with Supreme Court precedent in Treascon and applies the principle that EIA applies only to specifically enumerated project categories.
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