Gillian O'Hanlon BL

The Court of Appeal has determined that, pursuant to a restrictive covenant in the retail park's leases, Mr Price cannot sell 'groceries' in competition with the anchor tenant, Dunnes Stores. Delivering judgment for the Court of Appeal, Mr Justice Robert Haughton did not accept the appellants’

Northern Ireland’s High Court has upheld an order freeing twin girls for adoption despite their mother’s contention that her aunt was a suitable kinship carer in light of her ability to accommodate the twins’ mixed racial and cultural background. Delivering judgment for the High Co

The Court of Appeal has determined that a notice party solicitor was entitled to his costs as against the appellant in proceedings arising from a decision of the legal costs adjudicator. Delivering judgment for the Court of Appeal, Ms Justice Ann Power considered that “it cannot be the case th

The High Court has determined that the International Protection Appeals Tribunal (IPAT) should have voluntarily adjourned a hearing to facilitate the procurement of a medico-legal report in circumstances where no adjournment application was made by the applicant. Delivering judgment for the High Cou

The Court of Appeal has determined that personal injuries proceedings will remain discontinued as against the Motor Insurers’ Bureau of Ireland (MIBI) where a compromise was reached between the parties and where the plaintiff's ex parte application to set aside its notice of discontinuance was

The High Court has determined that an employee was entitled to refuse to answer his employer’s questions whilst a criminal investigation was ongoing, but that entitlement would cease when the criminal investigation ended or if the plaintiff could establish that its interest in the performance

The High Court has determined that the plaintiff bank’s cause of action arising from a life loan accrued only upon the death of the borrower and as such, the possession claim was not statute-barred by virtue of the provisions of the Civil Liability Act 1961.  Delivering judgment for the H

The High Court has directed that an appendix which repeated elements of pleadings in separate UK proceedings should be struck out as it would complicate matters and increase the risk of irreconcilable judgments. Delivering judgment for the High Court, Mr Justice David Nolan determined: “If one

The High Court has determined that a judicial review application will be heard in camera as the relatively few inquiries before the panel of respondents combined with the question over the admissibility of the particular evidence increased the risk of identification of the applicant and other partie

The High Court has determined that it is obliged to carry out a review pursuant to s.108 of the Assisted Decision-Making (Capacity) Act 2015 even where the ward is not and was not suffering with a mental disorder and has no consultant psychiatrist responsible for their care. Delivering judgment for

The High Court granted orders pursuant to s.92 of the Adoption Act 2010 facilitating the registration of the adoptions of two Russian boys on the Register of Intercountry Adoptions despite non-compliance of the adoptions with The Hague Convention. Delivering judgment for the High Court, Mr Justice J

The High Court has dismissed a woman's civil claim against a school principal having found her evidence to be unreliable and in light of her eight-year delay in furnishing particulars of her claim. Delivering judgment for the Court of Appeal, Mr Justice Tony O'Connor found it “impossible to re

The High Court has stayed personal injury proceedings until the plaintiff submits to examination by a further expert orthopaedic surgeon retained by the defendant despite opposition on the basis of “expert-shopping”. Delivering judgment for the High Court, Mr Justice David Holland stated

The Court of Appeal has dismissed the appeal of a man who abused his nieces and nephew on grounds that proceeding with a joint indictment did not render his trial unfair and that evidence admitted from a “fourth complainant” was central to the main issue to be decided by the jury Deliver

Northern Ireland’s Court of Appeal has imposed a prison sentence for internet-based child sexual offences in lieu of ‘unduly lenient’ High Court sentence of three years’ probation Delivering judgment for the Court of Appeal, Lady Chief Justice Siobhan Keegan stated: “Th