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Recent case law: Mark Tottenham
THE LAW...
State’s ‘Climate Action Plan
2023’ upheld despite concerns
over emissions reductions
Friends of he Irish Environmen v Miniser for
he Environmen [2025] IEHC 61 (High Cour,
Humphreys J, 7 Februry 2025)
The High Court has refused judicial review of
the Climate Action Plan 2023 (CAP23),
rejecting a challenge that questioned the
plan's compliance with statutory requirements
and its specifi city in detailing how climate
objectives and targets will be met. The court
found that the Climate Change Advisory
Council (CCAC) was consulted, and the
Environmental Protection Agency's (EPA)
material was considered, fulfilling
administrative law requirements. Despite the
applicant's argument that the plan lacked
suffi cient detail to evaluate its realism, the
court determined that the plan did provide
quantifi able measures and a level of specifi city
that would enable a reasonable person to
assess its likelihood of meeting statutory
objectives. The court emphasised that the plan
must ensure compliance with carbon budgets
and sectoral ceilings, which involves
quantifi cation of measures and estimation
where necessary. The applicant's failure to
engage with the plan's details and lack of
expert evidence led to the dismissal of the
proceedings.
Service provider unlawfully
incentivised its agents to
attempt to retain customers
Commission for Communicions Regulion
v Virgin Medi Irelnd Limied [2025] IEHC 66
(High Cour, McDonld J, 7 Februry 2025)
High Court, on the application of the
Commissioner for Communication Regulation:
(a) grants declaration that an electronic
communications service provider (Virgin
Media) had failed to comply with its statutory
obligations insofar as it engaged in 'save
activity', incentivising its agents to attempt to
retain customers who wished to cancel their
services; and (b) grants order directing the
provider to amend its training materials and
provide appropriate training to its agents.
However, the court has not found suffi cient
evidence to support the claim that Virgin
Media's 30-day notice requirement for contract
termination acted as a disincentive to
customers wishing to switch service providers.
Injunction granted to
temporarily halt euthanasia of
XL Bully dogs pending judicial
review of regulations
My Lovely Horse Rescue v Miniser for Rurl nd
Communiy Developmen [2025] IEHC 60 (High
Cour, Jordn J, 31 Jnury 2025)
The High Court has granted an interlocutory
injunction to prevent the euthanizing of XL
Bully dogs by the Minister for Rural and
Community Development and associated
parties, pending the outcome of a full hearing.
The court declined to issue an injunction
against the enforcement of a ban on rehoming
these dogs, citing the public safety concerns
evidenced by serious injuries and fatalities in
past incidents involving XL Bullies.
Litigant barred from initiating
new proceedings against
judges and legal professionals
without court approval
Houson v Reynolds [2025] IEHC 58 (High Cour,
Snfey J, 5 Februry 2025)
The High Court granted an 'Isaac Wunder’
Order, restraining a litigant from issuing new
proceedings against a specified list of
individuals and entities, including judges,
legal professionals, and court offi cials, without
prior leave from the President of the High Court
or a designated judge. This decision follows a
pattern of frivolous and vexatious litigation by
the plaintiff , including unfounded allegations
and repeated attempts to relitigate settled
matters, which have abused court processes
and wasted resources. The order aims to serve
as a screening mechanism to prevent further
misuse of the legal system while not impeding
legitimate claims.
Claim of fraudulent
misrepresentation could
be added to pleadings after
receipt of expert report
KC Cpil Propery Group Ld v Keegn Qurries
Limied [No. 2] [2025] IEHC 46 (High Cour,
Brre J, 29 Jnury 2025)
The High Court has granted the plaintiff leave
to amend their statement of claim to include
allegations of fraudulent misrepresentation
and deceit, based on new evidence from an
expert report. The court adopted a liberal
approach, emphasizing the necessity of the
amendments to address the real questions of
controversy in the litigation. The amendments
were deemed clear, precise, and necessary for
determining the issues at hand, without
causing prejudice to the defendant.
Man to be surrendered
to Northern Ireland for
prosecution on murder and
fi rearms charges dating back
to the 1970s
Miniser for Jusice v Donegn [2025] IEHC 53
(High Cour, McGrh J, 31 Jnury 2025
The High Court has ordered the surrender of a
man to Northern Ireland pursuant to a Trade
and Co-operation Agreement Warrant for
prosecution on charges dating back to the
1970s including murder, fi rearms possession,
and membership of a proscribed organisation.
The original decision not to prosecute the man
in Ireland was based on insuffi cient evidence,
but new evidence had since emerged linking
him to the off ences. The court found that the
off ences corresponded to Irish law and that the
delay in prosecution did not preclude a fair trial
or constitute an abuse of process. The court
also determined that surrender would not
disproportionately interfere with the man's
family rights under the ECHR.
Tenants’ claim for
uninhabitable property
conditions to proceed despite
delay
Byrne v Ivegh Trus [2025] IEHC 40 (High
Cour, Pheln J, 30 Jnury 2025)
High Court has refused to dismiss on the
grounds of delay a claim regarding the alleged
uninhabitable condition of a property dating
back to 2006. The tenants had argued that the
property suff ered from issues such as mould,
damp, and inadequate heating, which were
exacerbated by a ventilation system installed
by the landlord, a charitable trust. The court
found that while the delay was signifi cant, the
balance of justice did not favour dismissal as
the landlord had failed to demonstrate that a
fair trial was not possible due to the delay. The
court emphasised the availability of
contemporaneous documents and expert
reports which could alleviate the impact of time
on witness recollection, and the fact that no
key witnesses were deceased or proven to be
unavailable. The case is now expected to
proceed to hearing without further delay, with
the court urging both parties to agree on an
expedited timetable.
14 April-May 2025
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