Killian Flood BL

The High Court has rejected an application by a woman’s legal representatives that her estate should bear the costs of unsuccessful litigation after she was found to lack capacity to give instructions during trial. The lawyers stated that they could not find a next friend who was willing to ac

The Court of Appeal has criticised a litigant for pursuing an appeal which was “misconceived from the outset and progressively deteriorated”. The appeal related to the High Court’s listing of the defendant’s motion in summary proceedings to strike out certain aspects of the p

The High Court has awarded €60,000 in damages to a girl who suffered from moderate PTSD and who received a white scar on her thigh from a road traffic accident. The case was notable as it was one of the first cases in which a court was required to apply the new Personal Injuries Guidelines whic

The High Court has admitted an 89-year-old woman into wardship after her son failed to properly care for her significant personal needs and took out €87,000 from her bank account without authority. The woman was suffering from an acquired brain injury and dementia, requiring 24-hour care. Deliv

The High Court has struck out a developer’s proceedings against planning objectors which alleged the tort of maintenance and champerty. It was alleged that the defendants were canvassing for illegal funding in their challenge the developer’s planning permission for a strategic housing de

The High Court has rejected a submission that an application for a protective costs order in environmental litigation must be made prior to the substantive hearing of the action. It was held that such an application must be considered by a court if it was made at the conclusion of a case. Additional

The High Court has granted an interlocutory injunction restraining trespass on a property by tenants despite the plaintiff agreeing to purchase the property “subject to occupancy”. It was held that the defendants had not established that the mortgagee had consented in writing to the crea

The High Court has held that children who were wrongfully abducted by their mother must be returned to their father in England. In reaching this decision, the court held that the mother had provided insufficient evidence to establish a grave risk to the children or to conclude that they would be in

The High Court has refused a non-contentious application for liberty to extract a grant of probate relating to a deceased’s Irish assets in circumstances where a subsequent UK will appeared to revoke the Irish will. The deceased had executed a will in Ireland which bequeathed a holiday home to

The High Court has held that a Disability Appeals Officer has the power to direct the delivery of services to disabled children earlier than the waiting times contained in a service statement. It was held that a parent was entitled to make a complaint about the length of time it would take to provid

The High Court has upheld a decision by the International Protection Appeals Tribunal (IPAT) which rejected a man’s claim that he was in fear for his life for refusing to become a fetish priest in Ghana. The man claimed to have been kidnapped and beaten by his family members and would have bee

The Supreme Court has determined that developers are not required to submit a distinct identifiable document in a planning application for a strategic housing development under article 299B of the Planning and Development Regulations 2001. The appeal resolved a difference of judicial opinion in two

The Supreme Court has dismissed an appeal by Gemma O’Doherty and John Waters in their failed challenge to the Covid-19 lockdown restrictions from Spring 2020. The appeal concerned whether the applicants were required to show expert evidence relating to the proportionality of the measures adopt

The Court of Appeal has allowed an appeal against an order removing an elderly couple from possession of a property which they had agreed to purchase from the previous owner. The couple had been in possession of the property for five years and paid a nominal rent during that time. Delivering judgmen

The High Court has awarded €350,000 in favour of a woman who was sexually abused by her father and raped by her uncle as a child. The abuse lasted at least eight years and began when she was seven years old. Delivering judgment in the case, Mr Justice Garrett Simons considered the jurisprudence