Judgments: Key cases in brief

 

Environmental impact assessment required on effects of extracting peat as a fuel source for thermal power plant An Taisce v An Bord Pleanála [2015]IEHC 633 (High Court, White J, October 9th, 2015) High Court, by way of judicial review, grants declaration that An Bord Pleanála was obliged to obtain an adequate environmental impact assessment in relation to the environmental effects of extracting peat as a fuel source for a thermal power plant prior to the grant of planning permission for the plant’s continued use and operation.

– Ian Fitzharris BL

Lease agreement for night club rescinded where proposed lessees acted in bad faith Reynolds v Altomoravia Holdings Ltd [2015]IEHC 482 (High Court, Cregan J, June 30th, 2015) High Court grants rescission of lease agreement in respect of night club on the grounds that the proposed lessee had sought to frustrate the agreement by unilaterally extending the closing date, raising unreasonable objections, and refusing to sign until the lessor had signed, and finds that the lessor was also entitled to damages for breach of contract.

– Conor O’Higgins BL

Director of Europol and Spanish police officer were immune from suit for acts performed in official capacity Delaney v Director of Europol [2015]IEHC 633 (High Court, Noonan J, October 23rd, 2015) High Court grants order dismissing proceedings brought against the director of Europol, and a Spanish police officer who had been seconded to Europol, alleging that they had conspired with An Garda Síochána to procure a miscarriage of justice by entrapping other persons to create a counterfeit currency operation, on the grounds that as a matter of law they enjoyed immunity from suit for all acts performed by them in their official capacity.

– James Cross BL

Dismissal of claim brought by man who tripped over metal bar in playground Ryan v Office of Public Works [2015]IEHC 486 (High Court, Murphy J, July 21st, 2015) High Court dismisses action brought by man who suffered injury from tripping over a metal bar in a playground, on the grounds that the accident was not caused by an existing danger on the premises but occurred from his own want of care, and that it would be a travesty to hold that the defendant had reckless disregard for his safety.

– Conor O’Higgins BL

Particulars raised by defendants in pyrite case were not adequately responded to James Elliott Construction Ltd v Lagan [2015]IEHC 480 (High Court, Costello J, July 14th, 2015) High Court grants order extending time for the plaintiff construction company to provide replies to particulars, in compliance with a previous court order, in a claim for indemnity against providers of crush rock products, where the plaintiff had, inter alia, failed to identify an alleged failure to provide test results that might have shown that the products were unsuitable for building use, and failed to give adequate particulars of loss.

– Conor O’Higgins BL

Minister for Justice entitled to require that visa applicants make their application from outside the state Li v Minister for Justice [2015]IEHC 638 (High Court, Humphreys J, October 21st, 2015) High Court refuses judicial review of the decision to refuse a visa extension to a Chinese couple who wished to live near their daughter and son-in-law, on the grounds that the Minister for Justice was entitled to require that a visa applicant must apply for the visa from outside the State, and that the reasons for the decision given by the Minister were adequate in the circumstances.

– James Cross BL

Borrower in default was entitled to damages for trespass where bank’s receivers were invalidly appointed McCleary v McPhillips [2015]IEHC 591 (High Court, Cregan J, July 31st, 2015) High Court, in two related but separate sets of proceedings, determines: a) that receivers over a property had been invalidly appointed due to the manner in which the bank signed its own “deed of appointment”; and b) that the borrower was entitled to damages for trespass arising from the unlawful entry on his property arising from the invalid appointment.

– Ian Fitzharris BL

Nightclub not liable to customer who engaged in “horseplay” prior to slip on toilet floor Grimes v Highview Inns Ltd (In Receivership) [2015]IEHC 648 (High Court, Barr J, October 13th, 2015) High Court dismisses claim for personal injuries arising from a fall in the toilet of a nightclub, where the plaintiff had implausibly changed his account of what footwear he had worn on the night, and the toilet attendant gave clear evidence that the plaintiff had engaged in “horseplay” with a friend immediately prior to his fall.

– Ian Fitzharris BL

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The full text of each judgment is available on courts.ie