Recent cases published on the Courts website are listed below.
Company Law
Greene, Bryan v Greene, Anne, in the matter of Old Kildimo Group Holdings Ltd, Drake Park Ltd, Macklin Developments Ltd, Bryan Greene & Co. Ltd, Unicorn Bars and Restaurants Ltd and Greenes Café Ltd
10/7/2026 No. 2025 51 COS [2026] IEHC 566
Company law - Family business - Two shareholders each owning 50% - Audited accounts - Dispute - Dead-lock over the approval of audited accounts required for statutory compliance - Applicant seeking an order requiring a general meeting of a company to be called pursuant to s. 179 of the Companies Act 2014 - Whether s. 179 can be used to break the deadlock - Whether "substantive rights" were being interfered with - Court held that the substantive right of the respondent was the right to veto company accounts if she was of the view that they did not form a true and accurate picture of the financial state of the company - Application refused
Extradition Law
Attorney General v Navarro, John Patrick
29/7/2026 No. 2025 66 EXT [2026] IEHC 541
Extradition law - Applicant seeking the respondent's surrender to the USA - Respondent's surrender is sought for the purpose of sentencing him for eleven counts in relation to the possession of pornography involving juveniles - Respondent objects to his surrender - Real risk of inhuman or degrading treatment on account of prevailing systemic conditions of detention in Louisiana - Unlawful over-detention - Inadequate cell space - Specific assurances provided by the requesting state - Application granted
Attorney General v Navarro, John Patrick
Family Law
G v G
29/7/2026 No. 2026/39 [2026] IECA 152
Family law - Child - Wrongful removal - Return - Consent - Appellant mother appealing against a High Court order determining that the minor be returned to the USA - High Court found the mother had removed the child from the US, where the child was habitually resident, without the respondent father's consent - Custody and relocation agreement - Pre-agreed conditions for relocation - Whether the father's prior consent to the removal of the child was extant at the time of the child's relocation from the US to Ireland - Court finds the respondent’s consent was extant and subsisting such that her removal of the child was lawful - Appeal allowed
H (L) v J (P)
31/7/2026 No. 2025 994 JR [2026] IEHC 520
Family law - Custody and access - Parental alienation - Applicant father seeking leave to apply for judicial review - Judicial review proceedings sought to challenge the validity of an order made by the Circuit Court in custody and access proceedings - Circuit Court refused to direct that the child attend access visits or participate in video calls with the father against the child's wishes - Whether the court was obliged to appoint an expert with specialist expertise in parental alienation when such allegations arise in custody or access proceedings - Court finds the applicant had not identified any statutory requirement that an expert appointed under s. 32(1)(b) must possess specialist expertise in parental alienation or parental alienation syndrome - Application for leave to apply for judicial review refused
Intellectual Property
Easygroup Ltd and Easygroup IP Ireland Ltd v Easy Fundraising Ltd and The Support Group (UK) Ltd
23/7/2026 No. 2026 172 P [2026] IEHC 512
Intellectual property - Trade mark law - Claim of trade mark infringement - Service of notice of proceedings - Jurisdiction - Plaintiffs granted leave to serve notice of the proceedings on the defendants in the United Kingdom - Defendants' seeking to set aside service of the notice of proceedings and to strike out the proceedings - Whether the defendant targeted members of the public in the State and in the European Union through the UK Website - Whether accessibility of a website constitutes targeting - Whether the plaintiffs had sufficiently established that the targeting alleged had occurred - Court held it would set aside the order granting leave to serve notice of the proceedings and decline jurisdiction - Application granted
Easygroup Ltd and Easygroup IP Ireland Ltd v Easy Fundraising Ltd and The Support Group (UK) Ltd
Landlord and Tenant
Friedman, Lucy v Residential Tenancies Board, and Gillian Draper, Robert Draper, George Draper and Vivien Draper (notice parties)
6/7/2026 No. 2024 434 MCA [2026] IEHC 442
Landlord and tenant - Residential Tenancy Tribunal - Determination - Appeal - Appellant appealing the determination by the respondent that the first and second notice parties were not the appellant's landlords therefore her appeal before the Tribunal was not properly constituted resulting in its dismissal - Whether the Tribunal failed to give adequate reasons for its determination - Whether the Tribunal erred in law by determining who the Landlord was, it being contended that this was a matter for the High Court (jurisdictional issue) - Court held that no error of law had been established and that the Tribunal made its decision based on evidence before it - Appeal dismissed
Mental Health
Health Service Executive v M (M) (a person lacking capacity not so found represented by her guardian ad litem)
22/7/2026 No. 2026 36 MCA [2026] IEHC 498
Mental health - Applicant seeking a declaration that the respondent lacked capacity at the time of the hearing to make decisions concerning her immediate psychiatric treatment - Whether the respondent had the capacity to execute the Advance Healthcare Directive at the relevant time under the Assisted Decision-Making (Capacity) Act 2015 - Whether the court had jurisdiction under the 2015 Act to hear an application regarding the validity of an AHD - Court held the psychiatric medication was "life-sustaining treatment" and the court therefore had jurisdiction to hear and determine the application pursuant to s. 89(2) of the 2015 Act - Court made a declaration pursuant to s. 89(2) that the AHD was not valid - Application granted
Health Service Executive v F (R)
30/7/2026 No. 2026 131 MCA [2026] IEHC 570
Mental health - Eating disorder - Medical treatment - Application to obtain permission for the carrying out of invasive medical procedures where the evidence was that there was some real urgency to the matter - Capacity to consent - Functional test for capacity - Whether the respondent lacked the capacity to consent to invasive medical procedures - Bodily integrity - Infringement - Risk to life - Whether the proposed medical intervention was proportionate - Expert evidence - Relief granted
Health Service Executive v F (R)
Personal Injuries
Higgins, Josephine v Coleman, Richard and the Motor Insurers' Bureau of Ireland
27/7/2026 No. 2026/31 [2026] IECA 146
Personal injuries - Damages claim for personal injuries and economic loss - Appellant was awarded damages and costs of four of the five days of the hearing of the action - Appellant appealing from a High Court order - Whether the findings in relation to loss of earnings were inappropriate and unjust - Whether the trial had been conducted unfairly - Expert accountant's report - Whether claim for loss of earnings was inadequately proven - Court held the trial judge’s finding that the evidence proffered by the appellant did not sustain her overall claim for loss of earnings - Court finds that there is no basis for suggesting that the trial was conducted unfairly - Appeal dismissed
Higgins, Josephine v Coleman, Richard and the Motor Insurers' Bureau of Ireland
Alajbeg, Ana and Carlos Neto v Pro-Riso Dental Clinic Ltd
8/7/2026 No. 2022 3207 P [2026] IEHC 461
Personal injuries - Dental care and treatment - Negligence - Damages claim -Expert evidence - Assessment of damages - Ongoing dental treatment - Pain and suffering - Departure from the Personal Injuries Guidelines - Damages awarded to the plaintiff in the sum of €55,300
Alajbeg, Ana and Carlos Neto v Pro-Riso Dental Clinic Ltd
Planning and Development
Busher, Martin and ors v An Coimisiún Pleanála; and Uisce Éireann (notice party) (No. 2)
3/7/2026 No. 2025 1205 JR [2026] IEHC 434
Planning and development - Judicial review - Development - Wastewater treatment plant - Grant of planning permission - Applicants seeking to quash the decision granting the notice party planning permission - Whether the respondent failed to provide adequate reasons for its decision to grant planning permission - Environmental impacts - EC (Wastewater Treatment) (Prevention of Odours and Noise) Regulations 2005 - Statutory interpretation - Court finds certiorari disproportionate and/or otherwise inappropriate in the context of the facts and the type of errors alleged - Proceedings dismissed
Busher, Martin and ors v An Coimisiún Pleanála; and Uisce Éireann (notice party) (No. 2)
Keogh, Stephen, Tom Quirke and Rural Resident Wind Aware and Environmental Group v An Coimisiun Pleanala and EDF Renewables Ireland Ltd (notice party) (No. 2)
10/7/2026 No. 2026 74 JR [2026] IEHC 453
Planning and development - Wind farm development - Grant of planning permission - Challenge - Applicants seeking leave to appeal - Turbine separation distances - S. 5.13 of the Wind Energy Development Guidelines 2006 - Proposed question of alleged exceptional public importance - Whether the provisions of s. 5.13 provide guidelines for the separation distances as between turbine-to-turbine on a specific development site - Whether s. 5.13 imposes mandatory separation distances between turbines when no adjoining wind development exists - Whether an appeal is in the public interest - Court finds no public importance in advancing the question - Application refused
Practice and Procedure
Chief Inspector of Social Services v Raidió Telifís Éireann
6/7/2026 No. 2025 6435 P [2026] IEHC 445
Practice and procedure - Discovery - Television programme - Nursing homes - Undercover researchers - Covertly recorded unedited footage - Alleged systemic failures in nursing home care - Plaintiff seeking a Norwich Pharmacal order directing the respondent to provide that complete unedited footage - Whether the requirements of flexibility and pragmatism demanded that the order be made - Application granted
Chief Inspector of Social Services v Raidió Telifís Éireann
Professional Misconduct
Health and Social Care Professionals Council v W (X)
1/7/2026 No. 2026 311 MCA [2026] IEHC 545
Professional misconduct - Occupational therapist - Applicant's application for various orders including to suspend the registration of an occupational therapist pending the conclusion of a complaint and inquiry process against the respondent - S. 60 of the Health and Social Care Professionals Act 2005 - Respondent the subject of fitness to practise proceedings in the UK - Failure by the respondent to declare to the Council that he is the subject of ongoing fitness to practise proceedings in the UK when applying to renew his registration with the applicant in Ireland - Whether the orders sought were necessary to protect the public safety - Application granted
Health and Social Care Professionals Council v W (X)
Health and Social Care Professionals Council v Y (Z)
1/7/2026 No. 2026 310 MCA [2026] IEHC 533
Professional misconduct - Radiographer - Applicant's application for various orders including to suspend the registration of a radiographer pending the conclusion of a complaint and inquiry process due to public safety concerns - S. 60 of the Health and Social Care Professionals Act 2005 - Respondent subject of fitness to practise proceedings in the UK - Respondent's voluntary removal from the relevant UK register - Application for recognition of qualification in this jurisdiction - Respondent's failure to disclose the existence of the Uk proceedings to the applicant - Court held that the orders should be made and should continue until the conclusion of the complaint and inquiry process under the 2005 Act or until further order - Application granted
Health and Social Care Professionals Council v Y (Z)
Coverage: All reserved written judgments published by the Courts Service are indexed on the Library Catalogue where they can be searched by party name, judge, subject, keyword and other filters. Members may log in to the catalogue with their solicitor number and library PIN, available by emailing libraryenquire@lawsociety.ie
