The High Court has determined that the failure on part of the prison authorities to provide kosher food to a rabbi did not constitute a sufficiently egregious circumstance such as to render his detention unlawful. Delivering judgment for the High Court, Ms Justice Nuala Jackson stated that she did n
Gillian O'Hanlon BL
The High Court has determined that the statutory sentencing regime which distinguishes between children who are sentenced for murder prior to turning 18 and those who are adults by the time of sentencing is unconstitutional. Delivering judgment for the High Court, Mr Justice Garrett Simons stated th
The High Court has determined that the Circuit Court did not have jurisdiction to make an order for possession as the appellant did not come within s.3(1) of the Land and Conveyancing Law Reform Act 2013. Delivering judgment for the High Court, Ms Justice Marguerite Bolger stated: “Section 3(1
The Supreme Court has refused to overrule its previous decision in DPP v. Freeman in the context of an appeal concerning the inadmissibility of statements produced by an intoxilyser where a “sequencing error” occurred. Delivering the lead judgment for the Supreme Court, Ms Justice Iseult
The High Court has determined that the State’s prohibition on the importation and sale of CBD products containing trace amounts of THC is lawful in circumstances and does not offend the principle of the free movement of goods. Delivering judgment for the High Court, Mr Justice Garrett Simons s
Northern Ireland's High Court has dismissed the appeal of a man who transferred £250,000 from his mother's estate for his own benefit and that of his daughter whilst acting under an enduring power of attorney. Delivering judgment for the High Court, Mr Justice David McFarland remarked that &ld
The Supreme Court has dismissed the appeal of a father who was convicted by common design of violent crimes perpetrated by his wife on their child in his absence. Delivering the lead judgment for the Supreme Court, Mr Justice Peter Charleton concluded that “purpose is to be inferred through sh
The Supreme Court has determined that the housing minister's power to make binding guidelines under s.28(1C) of the Planning and Development Act 2000 does not infringe Articles 15.2.1⁰ and Article 28A of the Constitution. Delivering the lead judgment for the Supreme Court, Mr Justice Gerard Hogan
The High Court has dismissed the HSE’s appeal of a decision of the Information Commissioner which determined that the HSE could not withhold registers concerning its employees' interests following a request by RTÉ. Delivering judgment for the High Court, Ms Justice Marguerite Bolger det
The High Court has dismissed an application by Enoch Burke seeking to set aside the High Court’s order granting a permanent injunction against him and declaring the decision of the Board of Management of Wilson’s Hospital School to place him on paid administrative leave lawful. Deliverin
Northern Ireland's High Court has dismissed a businessman's claim for financial provision from his late father's estate in circumstances where those parties had a fractured relationship and where he was entirely capable of earning an independent living. Delivering judgment for the High Court, Mr Jus
The High Court has determined that a woman who was handed an envelope containing a P45 without any explanation whilst on sick leave during her pregnancy was the subject of discrimination and did not have to make further enquiries as to whether this constituted a dismissal. Delivering judgment for th
The Supreme Court has determined that a participant in a joint enterprise which resulted in a serious assault and robbery failed to take steps to withdraw which were sufficiently proportionate to his role in planning the crime. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Mal
The High Court has determined that there is no inconsistency in loan terms which provide for the end of the agreement on a particular date and the accrual of interest thereafter. Delivering judgment for the High Court, Mr Justice Rory Mulcahy determined: “In circumstances where the terms of th
The High Court has made findings of actual undue influence and unconscionability and has ordered the repayment of misappropriated funds in a case where a deceased woman's son took advantage of her dementia for his own benefit. Delivering judgment for the High Court, Mr Justice Brian Cregan determine