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Ireland decisions
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Penrose v The Governor of Mountjoy Prison & Ors (Approved) [2024] IEHC 34 (26 January 2024)
The High Court partly granted discovery in a judicial review over alleged unlawful solitary confinement, ordering prison camera footage for January 2022 and 25 July 2022.
Barry v The Governor of Cork Prison & Ors (Approved) [2023] IEHC 472 (26 July 2023)
The High Court struck out Peter Barry’s false imprisonment claim, holding it was barred by judicial immunity because it arose from a judicial act and could not succeed outside the statutory scheme.
Natale v Commissioner of An Garda Siochana & Anor (Approved) [2021] IEHC 757 (17 November 2021)
The High Court withdrew Mr. Natale’s case from the jury, finding no evidential basis for claims about the search warrant, arrest, detention, malicious prosecution, or negligence.
A.H. v Governor of Castlerea Prison (Approved) [2021] IEHC 734 (26 October 2021)
The High Court held that an applicant’s unlawful detention could be regularised by a fresh committal warrant without first releasing him, and refused habeas corpus relief.
Y & Anor v Health and Safety Executive (Approved) [2021] IEHC 803 (18 October 2021)
The High Court held that Miss X’s prolonged hospital stay was unlawful and detrimental to her welfare, and granted declarations against the HSE. Damages were left for later.
Director of Public Prosecutions v Malai (Unapproved) [2020] IECA 304 (11 November 2020)
The Court of Appeal held that procedural breaches about interpreter records did not make the detention unlawful and did not automatically bar breath sample evidence.
A.C. v Patricia Hickey General solicitor and Ors & A.C. v Fitzpatrick and Ors. [2019] IESC 73 (17 October 2019)
The Supreme Court considered whether Mrs. C. was unlawfully detained in hospital, and whether later wardship orders made the detention lawful.
W.F. v Q.F. (a minor) & anor [2018] IEHC 650 (22 November 2018)
The alleged procedural defects and legal errors in the District Court's granting of the emergency care order did not amount to a fundamental denial of justice. The applicants were represented, could make submissions and objections, and any alleged breaches can be remedied by appeal or judicial review. Article 40.4 relief is reserved for cases of fundamental denial of justice, which was not established here.
Source excerpt
Rosa -v- The Minister for Justice, Equality and Law Reform [2018] IEHC 287 (09 March 2018)
The High Court quashed a refusal of leave to land, holding the decision was irrational and unreasonable, and awarded €1,000 damages for unlawful detention.
Connors -v- Governor of Limerick Prison [2017] IECA 218 (06 July 2017)
The Court of Appeal held that a District Judge wrongly refused to accept a change of plea to guilty, and that the resulting remand in custody was unlawful.
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