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Competition law [2017] IESC 34

CRH Plc, Irish Cement Ltd & ors -v- The Competition and Consumer Protection Commission

CRH Plc, Irish Cement Ltd & ors -v- The Competition and Consumer Protection Commission [2017] IESC 34 (29 May 2017)

The Supreme Court dismissed the CCPC’s appeal, upholding findings that its blanket seizure and retention of email material was disproportionate and unlawful.

  • Search and seizure
  • Proportionality
  • Privacy rights
  • Legal privilege
  • Judicial supervision
  • Retention of seized material
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Employment law [2016] IEHC 585

Foley & anor -v- Workplace Relations Commission & ors

Foley & anor -v- Workplace Relations Commission & ors [2016] IEHC 585 (25 October 2016)

The High Court refused to halt a WRC investigation into the Clerys redundancies, holding judicial review was premature and that entry and seizure were not irrational.

  • Powers of statutory inspectors
  • Judicial review of investigations
  • Collective redundancies
  • Statutory interpretation
  • Ultra vires actions
  • Judicial-review
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Administrative law [2016] IEHC 514

Purcell -v- Central Bank of Ireland & ors

Purcell -v- Central Bank of Ireland & ors [2016] IEHC 514 (29 July 2016)

The High Court rejected John Stanley Purcell’s challenge to a Central Bank inquiry under Part IIIC, including claims of bias, delay, ultra vires action, and unconstitutionality.

  • Judicial review of regulatory action
  • Constitutionality of administrative sanctions
  • Natural justice and fair procedures
  • Bias and pre-judgment
  • Delay in regulatory enforcement
  • Ultra vires actions
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Employment law [2016] IESC 40

County Louth vocational Educational Committee -v- Equality Tribunal

County Louth vocational Educational Committee -v- Equality Tribunal [2016] IESC 40 (13 July 2016)

The Supreme Court dismissed a judicial review appeal concerning an Equality Tribunal inquiry into the scope of a discrimination complaint and its time-limit issues.

  • Discrimination
  • Jurisdiction of statutory tribunals
  • Limitation periods
  • Procedural fairness
  • Ultra vires actions
  • Employment-equality
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Administrative law [2016] IEHC 269

McEvoy -v- Garda Síochána Ombudsman Commission

McEvoy -v- Garda Síochána Ombudsman Commission [2016] IEHC 269 (26 May 2016)

The High Court refused to stop GSOC investigating a second complaint against Garda McEvoy, finding it was a distinct complaint and that delay caused no specific prejudice.

  • Delay in disciplinary proceedings
  • Admissibility of complaints
  • Res judicata
  • Legitimate expectation
  • Natural and constitutional justice
  • Ultra vires actions
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Administrative law [2016] IEHC 239

Murphy & anor -v- The Revenue Commissioners

Murphy & anor -v- The Revenue Commissioners [2016] IEHC 239 (12 May 2016)

The High Court refused judicial review over Revenue’s seizure and detention of mineral oil, a truck and tanker, holding that no prior conviction was required.

  • Forfeiture of goods
  • Judicial review
  • Mineral oil tax
  • Fair procedures
  • Ultra vires actions
  • Locus standi
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Competition law [2016] IEHC 162

CRH PLC -v- The Competition and Consumer Protection Commission

CRH PLC -v- The Competition and Consumer Protection Commission [2016] IEHC 162 (05 April 2016)

The High Court held the Commission had seized some material outside the warrant and restrained it from reviewing or using such material pending an impartial sifting process.

  • Search and seizure
  • Privacy rights
  • Ultra vires actions
  • Judicial oversight
  • Statutory interpretation
  • European convention on human rights
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Child protection [2015] IEHC 679

Ms A & anors -v- The Child & Family Agency

Ms A & anors -v- The Child & Family Agency [2015] IEHC 679 (04 November 2015)

The High Court held that child protection conferences and CPNS listing were not generally judicially reviewable, and refused all reliefs sought.

  • Judicial reviewability of child protection conferences
  • Fair procedures
  • Legal representation at administrative meetings
  • Constitutional rights of children
  • Ultra vires actions
  • Proportionality
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Administrative law [2015] IEHC 561

Mungovan -v- Clare Co Council

Mungovan -v- Clare Co Council [2015] IEHC 561 (17 August 2015)

The High Court held that public law declarations challenging Clare County Council’s wastewater consultant register were out of time and refused to strike out the Council’s defence.

  • Time limits for judicial review
  • Ultra vires actions
  • Declaratory relief
  • Statute of limitations
  • Malicious falsehood
  • Equitable relief
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Administrative law [2015] IEHC 140

National Employment Development Training Centre Ltd -v- Minister for Justice & Equality & anor

National Employment Development Training Centre Ltd -v- Minister for Justice & Equality & anor [2015] IEHC 140 (13 January 2015)

The High Court held that the Minister unlawfully fettered immigration discretion by making ACELS accreditation a rigid visa condition, and that QQI lacked power to run ACELS.

  • Ministerial discretion
  • Statutory powers of public bodies
  • Accreditation of educational institutions
  • Fettering of discretion
  • Locus standi
  • Judicial review of policy
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Ireland decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.