Deportation restrained pending further application.

May 7, 2012 By Mark Tottenham BL in Hogan J, Ireland High Court No Comments Tags: Asylum and immigration, Injunction, Judicial review

A O v. Minister for Justice (No 3) [2012] IEHC 104
(High Court, Hogan J, 3 April 2012)

High Court: a) adjourns challenge to subsidiary protection decision pending outcome of ECJ hearing; b) grants leave to amend pleadings to assert rights of Irish citizen child; and c) grants injunction restraining deportation pending application to revoke deportation order.

Judicial review – application for leave – application for injunction restraining deportation during minority of infant child – admission to state on stolen passport – refusal of asylum – stay on deportation pending outcome of guardianship More

Court orders termination of website used to defame solicitors.

May 2, 2012 By Mark Tottenham BL in Ireland High Court, Peart J No Comments Tags: Defamation, Injunction

Tansey v. Gill [2012] IEHC 42
(High Court, Peart J, 31 January 2012)

High Court grants injunction restraining defendants from operating a website used to defame solicitors.

Defamation – injunction – website (www.rate-your-solicitor.com) – anonymous and pseudonymous comments about Irish solicitors – proceedings issued against overseas defendant – difficulty in identifying parties behind website – complaints More

Court sets aside ex parte injunction restraining deportation for material non-disclosure.

Apr 19, 2012 By Alan Woods BL in Hogan J No Comments Tags: Asylum and immigration, Injunction

A O v. Minister for Justice [2012] IEHC 1

(High Court, Hogan J, 6 January, 2012)

High Court sets aside ex parte injunction restraining deportation of applicant, for failing to disclose previous unsuccessful application for injunctive relief.

Deportation – application to set aside interim injunction – ex parte injunction restraining deportation – applicant fled Nigeria after alleged murder of his fianceé – religious belief – impact of Zambrano decision – Irish citizen children – previous failed application for interm relief on More

Stay placed on deportation order pending hearing.

Mar 16, 2012 By Mark Tottenham BL in Hogan J No Comments Tags: Asylum and immigration, Injunction, Judicial review

P I v. Minister for Justice [2012] IEHC 7
(High Court, Hogan J, 11 January 2012)

High Court grants stay on deportation order pending application for leave to apply for judicial review. (Full text.)

Judicial review – application for leave – refusal of subsidiary protection – deportation order – s. 5(2), Illegal Immigrants (Trafficking) Act 2000 – application for interlocutory injunction to restrain deportation – Directive More

Planning injunction refused.

Mar 12, 2012 By Mark Tottenham BL in Hedigan J No Comments Tags: Injunction, Planning

Smyth v. Dan Morrissey (Ireland) Ltd [2012] IEHC 14
(High Court, Hedigan J, 25 January 2012)

High Court refuses injunction to restrain development for alleged failure to comply with planning conditions. (Full text.)

Planning and development – application to restrain unauthorised developments, and to require compliance with planning permission – condition that works not commence until upgrade and improvement of road More

Unsuccessful asylum seeker to be transferred to UK.

Mar 8, 2012 By Mark Tottenham BL in Cooke J No Comments Tags: Asylum and immigration, Injunction, Judicial review

Akukwe v. Refugee Applications Commissioner [2012] IEHC 9
(High Court, Cooke J, 17 January 2012)

High Court refuses injunction to restrain transfer order of unsuccessful asylum seeker to United Kingdom. (Full text.)

Judicial review – injunction application – transfer order to UK – Council Regulation (EC) 343/2003 of 18 February 2003 (the “Dublin II Regulation”) – unsuccessful asylum application based on false claim that applicant had arrived More

Former employees restrained from soliciting bank’s customers.

Mar 2, 2012 By Mark Tottenham BL in Clarke J (Frank) 2 Comments Tags: Banking law, Employment Law, Injunction, Private international law

AIB v. Diamond [2011] IEHC 505 (High Court, Clarke J, 14 October 2011)

High Court grants interlocutory injunctions restraining former employees of the plaintiffs from: a) soliciting customers of the plaintiffs; b) concluding business with said customers; or c) using confidential information in respect of said customers. (Full text.)

Banking – Commercial Court – application for interlocutory orders to restrain defendants from soliciting customers of the plaintiffs – preservation of confidential materials – “springboard injunctions” – measures designed to More

State required to give undertaking as to damages in interim application to seize property under proceeds of crime legislation.

Jan 31, 2012 By Mark Tottenham BL in Fennelly J, O'Donnell J No Comments Tags: Injunction, Proceeds of crime

Minister for Justice v. Devine [2012] IESC 2
(Supreme Court, Fennelly J (with him, Hardiman J, McKechnie J), O’Donnell J (dissenting; with him Finnegan J), 26 January 2012)

Supreme Court dismisses appeal from High Court, and holds that an undertaking as to damages was required when state sought interim injunction to seize assets under proceeds of crime legislation.

Fennelly J (Full text.): Interim injunction – application by state – whether undertaking as to damages required – conviction of VAT fraud in England – seizure of properties in Ireland – Part VII, Criminal Justice Act, 1994 – More

Refusal of injunction to restrain deportation because of deceipt in asylum application.

Jan 24, 2012 By Mark Tottenham BL in Hogan J No Comments Tags: Asylum and immigration, Injunction, Judicial review

Y M v. Refugee Appeals Tribunal [2011] IEHC 452
(High Court, Hogan J, 6 December 2011)

High Court refuses injunction to restrain deportation order on the grounds of the applicant’s deceipt in his earlier asylum application. (Full text.)

Judicial review – deportation order – application for interlocutory injunction – refusal of asylum on grounds of credibility – no challenge to refusal – test for interlocutory injunction in pre-leave applications – brazen deceipt in earlier More

High Court grants stay of deportation order.

Jan 23, 2012 By Mark Tottenham BL in Hogan J No Comments Tags: Asylum and immigration, Injunction, Practice and procedure

P J v. Minister for Justice [2011] IEHC 433
(High Court, Hogan J, 19 October 2011)

High Court grants stay of deportation order pending application for leave to seek judicial review. (Full text.)

Judicial review – application for interlocutory injunction to restrain deportation pending application for leave – whether applicants entitled to stay of deportation order – Order 84, RSC – s 5, Illegal Immigrants (Trafficking) Act More

Stare Decisis Hibernia

All recently-published judgments of the Irish Superior Courts

Injunction