Judgments: key cases in brief


Stay on planning decision did not prevent enforcement action Marine Terminals Limited -v- Dublin City Council [2014]IEHC 294 (High Court, Peart J,

May 29, 2014) High Court confirms that a stay on a local authority planning decision, pending the determination of a judicial review, did not prevent the authority taking enforcement action in respect of unauthorised development.

Conor O’Higgins BL

Nama receiver entitled to possession of residential property

Murphy -v- Hooton

[2014]IEHC 266 (High Court, Peart J, May 22, 2014)

Conor O’Higgins BL

Rent of €1.4 million continued to be payable for café premises

Ickendel -v- Bewley’s Café (Supreme Court, Laffoy J (nem diss), July 1, 2014)

Ciaran Joyce BL

The conduct of company directors was reproachable but not dishonest or irresponsible

In re Access Cleaning Services Ltd; Van Dessel -v- Gill [2014]IEHC 317 (High Court, Barrett J, May 30, 2014)

James Cross BL

“After the event” legal costs insurance did not constitute unlawful champerty

Greenclean Waste Management Ltd -v- Leahy (No 2) [2014]IEHC 314 (High Court, Hogan J, June 5, 2014)

James Cross BL

No stay on execution and registration of judgments in Commercial Court

Allied Irish Bank Plc -v- O’Reilly [2014]IEHC 326 (High Court, Kelly J, June 27, 2014)

Ciaran Joyce BL

Director of Dublin restaurant ordered personally to pay money to liquidator

In re Citywest Hire Ltd; Kirby -v- Petrolo Ltd [2014]IEHC 279 (High Court, Finlay Geoghegan J, May 26, 2014)

Conor O’Higgins BL

Money received by way of fraudulent disposition to be paid back to company liquidator

Kirby -v- Muldowney [2014]IEHC 318 (High Court, Barrett J, May 30, 2014)

James Cross BL

Separated parents given joint custody and equal access to two children

RS -v- TS [2014]IEHC 257 (High Court, Keane J, April 11, 2014)

Conor O’Higgins BL

The full text of each judgment is on courts.ie Reports provided by Stare Decisis Hibernia, staredecisishibernia.com