The High Court released Enoch Burke from prison indefinitely in December and raised his daily fine to €1,400 in circumstances where he appeared to be exploiting his imprisonment for some benefit. Delivering judgment for the High Court in December, Mr Justice David Nolan stated that it would be
Gillian O'Hanlon BL
Northern Ireland’s Crown Court has refused to make a serious crime prevention order in respect of a mother-of-three who played an organisational role in a cannabis supply network. Delivering judgment for the Crown Court, Her Honour Judge Patricia Smyth stated: “It is of course possible t
The High Court has refused an application for a modular trial in relation to the applicant’s standing in oppression case. Delivering judgment for the High Court, Mr Justice Rory Mulcahy stated that “although I think it would be an exaggeration to assert that separation of the issue of st
The High Court has dismissed a claim from a prisoner who was injured in an unprovoked attack in toilets at Mountjoy Prison. Delivering judgment for the High Court, Mr Justice Conor Dignam could not find that there had been a breach of duty on part of the prison authorities, but observed that their f
The High Court has determined that the bringing of judicial review proceedings in lieu of an appeal was appropriate where the District Court’s interventions rendered a criminal trial unfair. Delivering judgment for the High Court, Mr Justice Garrett Simons observed that the trial judge "went o
The High Court will state a case to the Court of Appeal concerning whether the use of substitution applications is appropriate in appeal cases. Delivering judgment for the High Court, Mr Justice Garrett Simons observed that "it is better that this matter now come before the Court of Appeal, rather t
Northern Ireland’s Crown Court last week jailed a paedophile who admitted to coercing and ‘catfishing’ children online and sexually abusing a woman suffering with intellectual disability and severe autism. Delivering judgment for the Crown Court, His Honour Judge Geoffrey Miller KC
The High Court has awarded costs against an unsuccessful applicant who refused to withdraw her judicial review proceedings following judgment in the original test case of Bogusas v Minister for Health [2022] IEHC 621. Delivering judgment for the High Court, Mr Justice Garrett Simons observed: &ldquo
The High Court has dismissed the claim of a woman who alleged that she suffered a right shoulder injury following a 2016 road traffic accident, in circumstances where the medical evidence did not support her claim and where the court had regard to her failure to call her treating GPs and the GP whos
The High Court has suspended a solicitor following an application by the Law Society in respect of findings of misconduct against him. Delivering judgment for the High Court, Mr Justice Micheál P. O’Higgins warned that “it is plainly unacceptable that a solicitor would plead guilt
The High Court has upheld a decision of the Medical Council refusing registration of a doctor who had been struck off the register of doctors in the UK. Delivering judgment for the High Court, Mr Justice Micheál P. O’Higgins considered: “The court’s task in this appeal is to
The High Court has accepted an undertaking on behalf of the CEO of the Mater hospital on foot of the hospital’s breach of court orders detaining a woman suffering with an eating disorder. Delivering judgment for the High Court, Mr Justice David Nolan emphasised: “The purpose of this judg
The High Court has determined that the subsequent ratification by ACC Bank plc of a receiver’s appointment several years after he conducted a receivership was valid, but that the receiver in taking possession of the subject shop had unlawfully trespassed by breaking the locks to gain entry the
High Court: Summary judgment refused where documentation unclear on assignment of loan and guarantee
The High Court has refused summary judgment where the plaintiff’s documentary evidence did not mention that the defendant guarantor consented to an automatic assignment of a loan and did not refer to the assignment of his guarantee. Delivering judgment for the High Court in November, Mr Justic
The Supreme Court has determined that where the time period for bringing judicial review proceedings under s.50(6) of the Planning and Development Act 2000 (as amended) expires on a day that the Central Office is closed, the time limit is extended to the next day on which the court offices are open.