Court of Appeal referrs three questions to the Court of Justice of the European Union concerning the interpretation of EU law on the right to reside, in a case involving an individual's application for retention of a Residence Card in Ireland after divorce from an EU citizen, and the central issues are: whether the Minister gave due consideration to the EU citizen's employment status and social welfare receipts; whether the EU citizen's unemployment was "duly recorded" as involuntary under the applicable Directive; and whether EU law requires the Minister to disclose certain documents to the applicant.
High Court: (a) grants an order that children be returned to Sweden, where they had been wrongfully retained in Ireland by their mother after she failed to reach an agreement with their father concerning a permanent move; but (b) places a stay on the order to facilitate discussions concerning a permanent move, on the grounds that the children had both expressed a view that they would prefer to live in Ireland, and there were concerns as to their welfare.
High Court determines that the crime/fraud exception to legal professional privilege is engaged in a case where the plaintiff alleges her termination was linked to unethical accounting practices she was compelled to engage in, the court finding prima facie evidence supporting the plaintiff's claims of "moral turpitude" that could be injurious to the administration of justice if privilege were maintained; and consequently, the court will inspect the documents over which privilege has been claimed to decide on their disclosure.