Killian Flood BL

The High Court has held that a defendant was estopped from relying on the Statute of Limitations 1957 based on a clear and unequivocal admission of liability prior to the institution of personal injuries proceedings. The defendant had attempted to enter settlement negotiations with the plaintiff&rsq

The High Court has criticised the Child and Family Agency for a “litany of failings” in the management of a foster care placement for a child and refused to grant an order for adoption. The application was brought by the CFA as the child had been in foster care for nearly 18 years. Howev

The Court of Appeal has upheld an 18-year sentence imposed on a man who committed sexual assaults of “exceptional depravity” on his daughter. The accused was charged with 92 counts of various sexual offences which occurred between the ages of three and 15. In an ex tempore ruling, Ms Jus

The Court of Appeal has increased the sentence for a man who stabbed a treating doctor with a used needle. The accused was originally sentenced to one year's imprisonment for the offence, which was committed while the accused was intoxicated with drugs. Delivering judgment in the case, Ms Justice Is

The High Court has ruled that a child with severe dyslexia did not receive an appropriate education in a mainstream school. The child had significant difficulties with reading and an expert stated that he needed intensive support. However, the Minister for Education insisted that the child could be

The High Court has criticised a personal insolvency practitioner for providing misleading information to creditors in a proposal which would have written off most of a €13 million debt. The court said that the PIP had “fallen well below the appropriate ethical standards” expected of

The High Court has dismissed a challenge to an award by the Personal Injuries Assessment Board (PIAB) where the applicant claimed that inadequate reasons were provided for its decision. The applicant had an application for compensation assessed at €11,000 and it was claimed that PIAB did not pr

The Court of Appeal has increased a personal injuries award by more than €28,000 after it was held that the trial judge erred by applying a 40 per cent deduction for future loss of earnings based on the Reddy v. Bates [1983] IR 141 criteria. It was held that the reduction was “significant

The Court of Appeal has upheld an award of €83,000 for a woman who slipped on a supermarket floor despite the circumstances of the accident being in complete dispute between the parties. The plaintiff initially claimed that the floor was highly polished, although at trial it was submitted that

The Supreme Court has determined that it will hear an appeal relating to the surrender of a man to Lithuania where the State had failed to implement Framework Directive 2008/909/JHA. In the determination delivered by the court yesterday, it was noted that the High Court appeared to have been led int

The High Court has refused an application by a defendant in a personal injuries action to dismiss the plaintiff’s case pursuant to section 26 of the Civil Liability and Courts Act 2004. It was alleged that the plaintiff gave false or materially misleading evidence to the court in relation to b

The High Court has ruled that a key provision of legislation related to prosecutions of child sexual assault cases is invalid under the Constitution. The plaintiff challenged the constitutionality of section 3 of the Criminal Law (Sexual Offences) Act 2006, which provided that the “reasonable

The High Court has dismissed a challenge to the application of the recently-adopted Personal Injuries Guidelines to a woman’s claim for compensation. The woman claimed that her injury would have previously attracted damages between €18,000 and €34,000, but was only assessed at €

The High Court has determined that members of An Garda Síochána only have a right of audience before the District Court where they have initiated and conducted the prosecution of the accused. Accordingly, the court held that non-prosecuting gardaí do not have a right of audience

The Circuit Court has overturned a decision by the Workplace Relations Commission (WRC) to award €3,000 to a father who claimed to have suffered gender discrimination by his daughter’s secondary school. The child had been enrolled in the school by the mother without the consent of the fat