This is a partial list of cases decided by the Supreme Court of Ireland, the highest court in the Republic of Ireland. The list is organized chronologically within areas of law.
Constitutional Case nameCitationSummary State (Burke) v Lennon IR 135 Imprisonment without trial; habeas corpus Sinn Féin Funds case (Buckley and Others v the Attorney-General and Another) IR 67 Separation of powers and right to property McGee v The Attorney General IR 284, IESC 2 Right to privacy in marital affairs; ability to import contraceptives Norris v Attorney General IESC 3, IR 36 Decriminalization of homosexuality Crotty v An Taoiseach IESC 4 Ratification of the Single European Act and external state sovereignty Attorney General v X IESC 1; 1 IR 1 Termination of pregnancy where there is risk to the mother including suicide. In re Article 26 and the Regulation of Information (Services outside the State for Termination of Pregnancies) Bill 1995 IESC 9, 1 IR 1 Natural law supersedes positive law. O'C(P) v DPP (2000) 3 IR 87; 2000 IESC 58Examined the conditions under which a substantial delay can be ruled to result in an unfair trial.De Roiste v Minister for Defence 1 IR 190; IESC 4; 2 ILRM 241The Court held that the extended delay (three decades in this case) in bringing forward an action was grounds for dismissal of the action.Ardagh v Maguire IESC 21; 1 IR 385The Court ruled that the holding of an inquiry concerning the case of a fatal shooting of a member of An Garda Síochána by the Houses of the Oireachtas was an ultra vires act. Dunne v Donohoe IESC 35, 2 IR 533 Possession and security arrangements of firearmsP.M. v District Judge Miriam Malone and the Director of Public Prosecutions IESC 46Barred prosecution of an individual due to an inordinate delay. The Health (amendment) (No. 2) Bill 2004 IESC 7 The right of a person to recover property can determine the constitutionality of a billDekra Eireann Teo v Minister of Environment 2 IR 270; 2 ILRM 210; IESC 25A key feature of both European law and court rules is the policy of urgency.Kelly v Trinity College Dublin IESC 61Former employments or associations are insufficient to disqualify a person from participating in disciplinary or similar tribunals related to that former employment. Roche v Roche IESC 82 Frozen embryos are not considered "unborn" in the context of the Constitution of Ireland.Meadows v Minister for Justice, Equality and Law Reform IESC 3; 2 IR 701; 2 ILRM 157The proportionality test should be used when reviewing administrative actions that implicate fundamental rights protected by both the Irish Constitution and the European Convention on Human Rights.Damache v DPP IESC 11; 13 ILRM 153; 2 IR 266The Supreme Court held that any search warrant issued by a person who is associated with the investigation was invalid.Benedict McGowan and Others v Labour Court and Others 2 ILRM 276; IESC 21; 3 IR 718 Provisions of Part III of the Industrial Relations Act are invalid considering the provisions of Article 15.2.1 of the Constitution of Ireland.John Gilligan v Ireland & Others IESC 45; 2 IR 745; ILRM 153Section 13 of the Criminal Law Act 1976 allows judges to apply the principle of proportionality in sentencing.Roche (also known as Dumbrell) v Governor of Cloverhill Prison IESC 53The Court decided that the Bail Act of 1997 is not a code that explains all the rules about the law on bail. Vincent Sweeney v Governor of Loughlan House Open Centre and Others 2 ILRM 401; IESC 42; 2 IR 732 A sentence being served in the administering state must be of the same legal nature as imposed in the sentencing state.Bederev v Ireland IESC 34; 3 IR 1; 2 ILRM 340 A government decision to expand the list of controlled drugs did not infringe on the authority of the OireachtasO'Farrell and Others v Governor of Portlaoise Prison IESC 37Identified a problem in the way the Irish prison system carried out prison sentences handed down by courts in other countries.O'Connell & anor v The Turf Club IESC 57; 2 IR 43 Organizational body of a sport is subject to judicial review even if the body was not created by statute.B S v The Director of Public Prosecutions IESCDET 134 The Supreme Court “is no longer a Court for the correction of error but rather a Court which has the principal constitutional task of determining issues of general importance.”Grace and anor v An Bórd Pleanála & ors IESC 10Clarified the criteria for standing (sufficient connection to support participation in a case) in relation to judicial review of environmental concerns.Hickey v McGowan & ors IESC 6Damache v Minister for Justice IESC 6Clarified revocation of citizenship was not an aspect of the judicial power constitutionally reserved to the judicial branch, but an executive powerHeneghan v Minister for Housing, Planning and Local Government & Ors IESC 7Confirmed the Seventh Amendment of the Constitution mandated the Oireachtas to expand the franchise for Seanad elections
Criminal Case nameCitationSummary Melling v O'Mathghamhna , IR 1 Restated Elements of a Criminal Offence Attorney General v Oldridge IESC 29; 4 IR 593 Establishing a corresponding offense for extradition; definition of fraud Murphy v GM , IESC 82 Affirmed the constitutional validity of the Irish Criminal Assets Bureau (See also Gilligan v Criminal Assets Bureau ) Blood v DPP IESC 8 Confirmed that a right to an expeditious trial is implied in the right to a fair trial under Irish law.DPP v Cronin (No. 2) IESC 9; 4 IR 329An "error or oversight of substance" must exhibited before a court would permit a new point to be raised on appeal.A v Governor of Arbour Hill Prison IESC 45A finding that criminal legislation is unconstitutional need not render existing convictions void.McFarlane v Director of Public Prosecutions IESC 7; 4 IR 117The right to a fair trial does not preclude prosecution in cases of prosecutorial delay unless the accused can demonstrate specific prejudice or that the delay was outside the norm.Brian Rattigan v DPP IESC 34A criminal trial would be prohibited where prosecutorial delay or adverse pre-trial publicity created a substantial risk of unfairness to the accused.McNulty v DPP IESC 12; 3 IR 572The Supreme Court upheld the decisions of the lower courts and decided that the question of Judicial Review was not to be dealt with by the Supreme Court.DPP v McLoughlin IESC 65The admissibility of hearsay evidence for bail applicationsMinister for Justice, Equality and Law Reform v Dolny IESC 48The court found that a European extradition can be applied if the offense is very similar to an offense in Irish law.Minister for Justice, Equality and Law Reform v Stafford IESC 83A warrant which is based on circumstantial evidence can be enforced even if the participation of the defendant is only suspected to have taken place in the crime.Minister for Justice, Equality and Law Reform v Murphy IESC 17 Expanded the meaning of "detention order"Director of Public Prosecutions v Pat Hegarty IESC 32Officers/key employees involved in anti-competitive practices may be prosecuted for their involvement, regardless of whether the undertaking itself has been prosecuted.Minister for Justice Equality and Law Reform v Bailey IESC 16 Clarified the grounds under which a person could be extradited for a European Arrest Warrant.Callan v Ireland & The Attorney General IESC 35; IR 267; ILRM 257Clarified the relationship between commutation and a sentence of imprisonment in the context of an appeal for early release.Roche (Also Known as Dumbrell) v Governor of Cloverhill Prison IESC 53The Court held that the Bail Act 1997 is not a code providing an exhaustive statement regarding the law on bail.DPP v Peter Cullen IESC 7, 3 IR 30Addressed the routine practice of the Garda Síochána of placing handcuffs after an arrest for drink driving.Thomas Murphy v Ireland and Others IESC 19; 1 ILRM 457; 1 IR 198The Director of Public Prosecutions failing to provide reasons for the issuing of a certificate under Section 42(6) of the Offences against the State Act 1939 was not repugnant to the Constitution. O'Farrell v Governor of Portlaoise Prison IESC 37, 3 R 619The Irish state was found to be unable to implement sentencing in accord with the Transfer of Sentenced Persons Act 1995.
Family Case nameCitationSummaryP.F v G.O'M (Otherwise G.F) IESC 81Clarified the grounds for annulment of marriage in relation to informed consent.T(D) v L(F) & Anor IESC 59 In relation to foreign divorce proceedings, the burden of proof is on the parties to establish their domicile.K. (C.) v K. (J.) 2 ILRM 168, IESC 21, 1 IR 224 Held that the doctrine of estoppel could not be used to change the status of a person, when the status, as a matter of law, never actually changed. McD v L IESC 28, 1 IR 417 Granted visitation rights to sperm donors.Gt v Kao IESC 55, 3 IR 567An unmarried father who has been actively involved in raising his children or child is eligible for legal custody rights. Nottinghamshire County Council v B IESC 48; 4 IR 662 Refused to overturn an order of the High Court returning children of married parents from England to that jurisdiction.Child and Family Agency v RD IESC 47 Confirmed that jurisdiction of EU states which first issue orders have primacy but that the High Court in Ireland has the right under EU law to grant provisional protection orders to allow a child to stay in Ireland.MR and DR v An t-Ard-Chláraitheoir IESC 60It was decided that children born through surrogacy will have the name of their birth mother on their birth certificate and not the mother who is going to raise them.O.R v an Tard Chlairaitheoir IESC 60 The Court held that the Civil Registration Act 2004 only allows the birth mother to be on the birth certificate.Child and Family Agency (formerly Health Service Executive) v O.A. IESC 52The court determined the grounds where a family should be granted legal costs.H v H IESC 85Guidelines for when common law principles could be reinterpreted.Child and Family Agency (Formerly Health Service Executive) v OA2015] IESC 52, 2 ILRM 145, 2 IR 718Addressed payment o child care costs the context of unsuccessful challenge by the Child and Family AgencyChild and Family Agency v McG and JC IESC 9, 1 IR 1Where a detention was lacking in due process of law due to breach of fundamental requirements of justice, it may be challenged through an application for release under the constitutional principle of habeas corpus even in the case of disputes as to the custody of children.
Finance Case nameCitationSummaryFyffes Plc v DCC Plc IESC 3Disclosure of privileged documents to a third party does not always destroy or waive the privilege over expert advice obtained in connection with litigation and pending criminal prosecution for insider dealing.Director of Corporate Enforcement v Barry Seymour IESC 45; 1 IR 82Commercial misjudgement was not in itself sufficient to justify disqualification as a company director under the Companies Act 1990.Bank of Ireland v O'Donnell & ors IESC 90 Clarified the grounds for recusal under grounds of "objective bias." Irish Life and Permanent plc v Dunne IESC 46; 1 IR 92 Clarified the impact of a lender failing to comply with the Code of Conduct on Mortgage Arrears 2010 (the “Code”) on that lender's right to obtain an order of possession of mortgaged property.Collins v Minister for Finance IESC 73; 1 ILRM 65; 3 IR 99Legalised emergency measures to deal with Ireland's 2008 financial crisis.
Immigration