Killian Flood BL

The Court of Appeal has upheld a costs order for an injunction despite claims by the defendant that the proceedings were prematurely issued by the plaintiff. The High Court had ordered costs in the cause of the action but the defendant sought for costs to be awarded in its favour. Delivering judgmen

The Court of Appeal has rejected an appeal brought by a father seeking the return of his three children to England after they had moved to the Ireland during the pandemic. The court determined that the children had obtained habitual residence in the state following their move in June 2020. Deliverin

The High Court has struck out a plaintiff's medical negligence proceedings for inordinate and inexcusable delay arising from a failure to progress the proceedings from their inception. The court held that the proceedings had not progressed from a “protective writ” issued in 2016. Althoug

The High Court has ruled that an assignee of a defendant’s loans did not need to provide notice of the assignment prior to making a demand for repayment. The court held that the plaintiff’s demand letter contained adequate information about the assignment of the loan to comply with the p

The High Court has held that the HSE failed to properly assess potentially disabled children in accordance with the Disability Act 2005. It was said that the HSE was obliged to diagnose every child with a disability for the purposes of establishing the nature of extent of a child’s disability.

The High Court has refused an application by Gerry Adams to strike out a portion of the BBC’s defence in defamation proceedings. Mr Adams claimed that a defence of fair and reasonable publication should be struck out because the BBC did not alert readers that an article was the subject of defa

The Court of Appeal has allowed an appeal against a refusal by a trial judge in family proceedings to provide access to records of the judge’s meeting with the couple’s children. The trial judge held that the meetings were private and should not be disclosed to the parents. Delivering ju

The High Court has granted an interlocutory injunction against a couple for trespassing on their former home within 90 minutes of being dispossessed by Start Mortagages DAC. An order for possession had previously been granted in the Circuit Court and affirmed in the High Court. In granting the order

The High Court has granted an interlocutory injunction restraining a fund from selling a mortgagor’s lands while he was still in possession. The sale was advertised three weeks prior to an online auction and where the plaintiff complained that it was never previously suggested that the lands w

The High Court has awarded €30,000 to a plaintiff injured in a motor accident despite allegations that he fraudulently exaggerated his claim. The Motor Insurers’ Bureau of Ireland had made an application under section 26 of the Civil Liability and Courts Act 2004 to dismiss the proceeding

The High Court has granted an application to amend pleadings in a personal injuries case to expand the potential scope of liability for the MIBI, despite a significant delay by the plaintiff in bringing the motion. The court said that there were very unusual circumstances in the case which justified

The High Court has determined that applicants taking environmental challenges are not liable to pay for the costs of unsuccessful applications for the special costs regime. The ruling came after An Taisce brought proceedings against the State seeking to clarify that it was not required to pay for un

The High Court has refused an application by J & E Davy for particulars of allegations of fraud made against the company. It was held by the court that a prima facie case of fraud had already been particularised in the statement of claim and that, accordingly, Davy had a “reasonable pictur

The High Court has refused an application by Cabot Financial Ireland (Limited) to execute a judgment obtained in 2010 against a debtor. In so ruling, the court was required to consider the provisions of Order 42 Rule 24 RSC which relates to the execution of judgments that are outstanding for more th

The High Court has awarded €8,500 for injuries sustained to a child after he was cut by a ceiling fan after his father lifted him up. The child received a small but permanent scar behind his ear. The father claimed that he had twice complained to hotel staff about the low ceiling fan but was no