Killian Flood BL

The High Court has ruled that the Dublin Circuit Court was wrong to refuse to hear a divorce application on the basis that the husband, a solicitor, did not carry on his profession in the county. The couple lived outside Dublin and the husband was based in the south-west of the State. As such, the m

The High Court has ruled that the provisions of the Children First Act 2015 require HSE counsellors to report child abuse claims made by adult service users to Tusla. A 2019 policy published by the HSE required certain “mandated persons” to pass on information to Tusla where there were r

The High Court has refused an application for well-charging relief by a company seeking to rely on a registered lien as security for loans advanced after 31 December 2009. In so ruling, the court held that the present case was “indistinguishable” from the judgment in Promontoria (Oyster)

The High Court has awarded €75,000 in damages to a man who was injured by a bull at a cattle market. The man was an experienced farmer who had been asked to assist in driving cattle into the auction area when he was attacked by a startled cow. Delivering judgment in the case, Mr Justice Cian Fe

The High Court has determined that data protection activist Max Schrems is entitled to 80 percent of the legal costs of a challenge to the Data Protection Commission’s handling of a complaint from 2013. The complaint related to the transfer of data by Facebook Ireland Limited from the EU to th

The High Court has ruled that a child must be returned to Poland after she was taken to Ireland by her mother in August 2021. The father had made an application under the Child Abduction Regulations, claiming that he had no knowledge that his child had been removed from Poland. Delivering judgment i

The Court of Appeal has ruled that a hospital is entitled to discovery of certain communications between a plaintiff and her estranged father in a personal injuries action for the negligent dissemination of the plaintiff’s medical records. The plaintiff had expressly told the hospital to not r

The Court of Appeal has held that a private generator of electricity was not a public authority within the meaning of environmental regulations and was therefore not required to provide information relating to its wind farm. The information was sought by Right To Know CLG, which operated for the pur

The High Court has approved a settlement of €350,000 for a man who claimed to have been sexually abused while attending a secondary school operated by a religious order. It was held that the settlement was "excellent" in circumstances where the plaintiff faced substantial difficulties proving h

The High Court has admitted a man suffering from bipolar affective disorder to wardship despite conflicting medical evidence on his capacity. The man was being kept in a residential placement but had acted in a violent and sexually inappropriate manner with staff while having a poor record of taking

The new legal year is fast approaching and that means a new cohort of devils will begin their careers at the Bar. While acknowledging that everyone will have slightly different experiences in their first year, I have put together some advice for new practitioners based on my own experience of devill

The Court of Appeal has significantly reduced an award of damages for a man who suffered multiple injuries in an accident that was described as “the stuff of nightmares”. The man had been injured in an elevator which had fallen three floors after a cable snapped. On appeal, Mr Justice Se

The High Court has refused an application by the Medical Council to suspend a doctor from the register pending the resolution of a fitness to practise inquiry. The doctor had previously been convicted for drunk driving and other driving offences and banned from driving for 10 years. Despite providin

The European Court of Human Rights has dismissed a discrimination claim brought by an Irish man who was disqualified from receiving a State pension while he served a prison sentence in the State. The claim was based on Article 14 of the European Convention of Human Rights and concerned the operation

As the Trinity term draws to a close, barristers and solicitors will have spent the last few weeks trying to finalise all outstanding matters before the long vacation. Indeed, many will have welcomed the return of the frenzied, feverish activity that marks the end of term, given the notable absence