The High Court has refused an application to prohibit a trial concerning sexual offences alleged to have been committed in the 1980s. Delivering judgment for the High Court, Ms Justice Marguerite Bolger determined that there was no evidence of “inordinate, culpable or unjust delay” and t
Gillian O'Hanlon BL
The High Court has dismissed a claim for specific performance of a settlement agreement for want of prosecution. Delivering judgment for the High Court, Mr Justice Rory Mulcahy stated that “where a party is seeking to enforce a compromise of earlier proceedings", the "public policy which sees
The Supreme Court has referred a question to the European Court of Justice concerning its obligations in respect of a man requested to be surrendered to the UK for alleged terrorism offences. Delivering judgment for the Supreme Court, Ms Justice Marie Baker considered that: “Mere evidence of d
The Supreme Court has determined that the High Court erred in granting an interlocutory injunction to a company to restrain its employees from continuing industrial action in light of s.19 of the Industrial Relations Act 1990. Delivering judgment for the Supreme Court, Mr Justice Donal O’Donne
The High Court has struck out proceedings brought in respect of an order for possession over a Wexford property because they were res judicata and an abuse of process, echoing Ms Justice Eileen Roberts’ concerns about the ‘services’ provided by the second plaintiff. Delivering judg
The High Court has determined that a mother could not rely on the ‘grave risk’ defence to prevent the return of her children to Germany in a Hague Convention case. Delivering judgment for the High Court, Ms Justice Mary Rose Gearty opined that “…despite evidence from a docto
The Court of Appeal has determined that the High Court should not have extended an undertaking as to damages where no objection was made to the undertaking before or during the injunction hearing and where there was insufficient evidence to support Teva’s novel application. Delivering judgment
The Supreme Court has upheld the orders of the High Court forcing the Child and Family Agency (CFA) to apply for special care orders and granting special care orders in circumstances where the CFA pleaded a lack of resources. Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan emphasi
Northern Ireland’s High Court has determined that certain provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 breach ECHR rights and the Windsor Framework Delivering judgment for the High Court, Mr Justice Adrian Colton opined that “…there is no eviden
The Supreme Court has determined that the assignee of a company’s interest in a legal action may, in principle, by permitted to pursue the action by being substituted as plaintiff in lieu of the company. Delivering judgment for the Supreme Court, Mr Justice Seamus Woulfe stated that “if
The Court of Appeal has determined that the High Court treated the evidence of an expert witness appropriately and did not have to automatically accept the evidence because it was uncontradicted. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler stated: "If material is hyper-linke
The High Court has determined that public attacks by a defendant on a plaintiff's legal team aimed to dissuade them from continuing to act at the retrial of a defamation case, and as such the continuation of interlocutory reliefs previously granted was justified. Delivering judgment for the High Cou
The Supreme Court has refused an appeal against a deportation, determining that the inclusion in an ‘examination of file’ of a comment to the effect that the minister is not obliged to grant permission to reside or work under the heading of ‘employment prospects’ was not fata
The High Court has reminded lenders that as notification is a fundamental aspect of a fair hearing, they must take “reasonable steps” to identify family members of deceased borrowers and must demonstrate attempts to communicate with those family members or to write to those claiming to r
The High Court has determined that discovery ordered by the Deputy Master of the High Court was too broad where it would capture the confidential and sensitive information of a number of 'non-parties' who had been sexually abused by the first defendant. Delivering judgment for the High Court, Mr Jus