No Results Found

The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.

Register Now
Wednesday, 22nd October, 2025

Legal aid refusal for prisoner’s medical treatment challenge upheld on appeal

By: Decisis
The Court of Appeal dismissed an appeal from the High Court, upholding the Legal Aid Board’s decision to refuse payment of legal costs to a prisoner who initiated judicial review proceedings to compel medical treatment while in custody. The court found that the application was made outside the required time limit and that the proceedings, which concerned access to medical care rather than challenging the legality of detention or a criminal conviction, did not fall within the scope of the Legal Aid – Custody Issues Scheme. The Legal Aid Board was entitled to depart from the judge’s recommendation in the original High Court settlement, and no breach of constitutional or European Convention rights was established, as access to legal aid is not absolute.

Claims of professional negligence against three law firms dismissed as without merit

By: Decisis
The High Court struck out the plaintiff’s professional negligence claims against three firms of solicitors, finding that the claims disclosed no reasonable cause of action, amounted to an abuse of process, were bound to fail, and had no reasonable prospect of succeeding. The plaintiff, dissatisfied with the legal advice and services received while pursuing an unresolved personal injuries claim, sued each solicitor she had instructed, but the court found her complaints misconceived, lacking evidential support, and unsupported by any independent expert report. The judge noted the plaintiff’s unfounded suspicions of conspiracy, her failure to demonstrate any loss or prejudice arising from the alleged acts or omissions, and her refusal to advance her underlying personal injuries claim. The court emphasised that striking out actions of this kind is an exceptional measure, but was fully justified on the facts.

Order for remediation of unauthorised quarrying granted as court finds flagrant breach of planning law

By: Decisis
The High Court ordered the operators of a quarry to remediate land that had been damaged by unauthorised quarrying activities, finding that the defendants continued and even intensified illegal development on the site despite explicit warnings from both the local authority and the court. The applicants, residents neighbouring the quarry, had purchased their home on the understanding the site was disused, only for significant quarrying works to resume and disturb the area. The court rejected explanations advanced by the defendants, noting a persistent disregard for planning laws and court orders, and held that allowing retention of the illegal works would undermine the planning system and reward unlawful conduct. An order was granted requiring the respondents to restore the lands to their prior state before the unauthorised activities commenced.

The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.

Register Now