James Kane BL

A sample of recent casework includes:

Heneghan v Ireland [2023] IESC 7 (substantive judgment): successful challenge to the constitutionality of sections 6 and 7 of the Seanad Electoral (University Members) Act 1937 for failing to give effect to the result of the referendum on the Seventh Amendment. The case considered the use of textual (including the Irish text), historical, purposive and harmonious methods of constitutional interpretation and the use of extrinsic evidence and expert reports in constitutional interpretation.

Heneghan v Ireland [2023] IESC 18 (judgment on remedy): successfully resisted an application to suspend a declaration of constitutionality for a period of in excess of 4 years with the Court preferring the appellant’s submissions that the suspension should be for an outer limit or “red line” of two years. The judgment considers the Court’s jurisdiction to make suspended declarations of unconstitutionality and whether the Court can (and should) suspend a declaration for more than one period.

Environmental Trust Ireland v An Bord Pleanála (2022/913 JR): successful challenge to decision granting permission for proposed expansion of development at Aughinish Alumina on Habitats Directive grounds (matter resolved after the grant of leave) (Commercial / SID list).

SH and AJ v Minister for Justice [2022] IEHC 392: acted for AJ in a successful claim for “Francovich damages” arising from the State’s failure to transpose Article 22 of the 2004 Qualification Directive. Decision on quantum adjourned.

Tribunal of Inquiry into Protected Disclosures: successfully represented numerous members of An Garda Síochána before Module P of the Disclosures Tribunal.