Gabriel Toolan – Law Firm
Gabriel Toolan’s Law Firm has, in recent years, acted on behalf of claimants, applicants, and activists in a wide range of cases.
Mr. Toolan’s Firm has, for many years, acted on behalf of Claimants/ Applicants /Activists in a large number and wide-ranging spectrum of cases in the Superior Courts of Ireland and applications to the European Court. Case references to a number of these cases are set out below:
Brady v Cavan Co. Co
Seminal case on Mandamus and re public duties of local authorities which related to the duty to repair roads.
Keane v Minister for Justice.
High Court Decision, and Order of Mandamus, compelling Minister for Justice to provide new Courthouse Facilities in Carrick on Shannon.
Izybeckai v Minister for Justice / Immigration Judicial Reviews /Injunction
Important asylum case. This was the first time a successful application was made to the European Court of Human Rights prohibiting the Irish Government from deporting a refugee and her family. Application to ECHR successfully obtained.
McCallig v ABP.
Important planning case re , status of appeals, duties of ABP, costs issues.
Wisely v Sherlock.
Important lengthy Judgement of Mr Justice D. Keane re property rights, mining leases in a quarry dispute.
Coyne v Enginode
S160 Injunction under the Planning and Development Act 2000 – Re premature commencement of development on Data Centre site.
Coyne v ABP x2
Significant Climate Emissions Cases regarding data centre and CO2 emissions – subsequently overtaken by new Legislation.
DPP v McGrath (Mathews)
A most important and far reaching Supreme Court costs ruling for Accused’s / defendants, the facts of this case relating to an unlawful assault on a National Parks and Wildlife Officer in the course of his duty.
Sweetman v ABP (Bord an Mona Case)
This is one of the most important cases regarding the duties and obligations of developers of Wind Farm Developments in Ireland. This case emphasized proper compliance with Planning Regulations for very large scale constructions.
ESB v Good (Reilly).
Compulsory Purchase Order compensation case currently pending in Supreme Court, where judgment is awaited. This case has the potential to alter / amend in excess of 85 statutory provisions in relation to the awarding of compensation for injurious affection in CPO cases
Siobhan Molly v Min. For Agriculture
Forestry Case – Planting Grant Licence quashed in High Court, in Judicial review proceedings.
Cassidy v Min. For Agriculture.
Forestry Case – Planting Grant Licence quashed in High Court, in Judicial review proceedings.
O Connor v ABP
Intensive Chicken Farming Permission quashed in judicial review proceeding in High Court.
Shelbourne Park Case
This case related to the right for activists to protest outside Shelbourne Grey Hound Racing Track. Injunctions had been obtained against the activists. All injunctions were lifted by the court and all the costs incurred by the activists were paid by Shelbourne Park. This was a significant successful case on the Right to Protest, for Activists outside a greyhound Track.
In addition, the firm has brought many enforcement cases under Section 160 of the Planning and Development Act 2000 as amended. Further, the Firm has defended enforcement proceedings at the District Court level and participated in Oral Hearings and various Appeal Forums.