Killian Flood BL

The High Court has rejected a submission that judges who voted on the new Personal Injuries Guidelines should be recused from hearing a legal challenge to those Guidelines. The applicant brought judicial review proceedings seeking to challenge the adoption by the Judicial Council of the Guidelines o

The Supreme Court has dismissed an appeal brought by An Taisce against the grant of permission for a major cheese factory in Slieverue, Co Kilkenny. It was argued by the appellant that the new factory would consume 450 million litres of milk per year, and that the environmental impact of this consum

The High Court has accepted a proposed settlement of €32,500 for a boy who lost the tip of his little finger while ice skating. In so ruling, the court held that the offer was appropriate in circumstances where there was a “real likelihood that the personal injuries claim would be dismiss

The High Court has refused a judicial review application by two accused to prohibit their trial in the Special Criminal Court. The applicants argued that the SCC was a temporary and emergency mechanism but had become a de facto permanent court in the Irish system. As such, it was argued that the con

The Supreme Court has allowed an appeal against the surrender of a man to Poland to serve a sentence for minor drugs offences due to delay. The man had a suspended sentence for offences dating back to 1999, which he was ordered to serve in 2006. However, a European Arrest Warrant was not issued unti

The High Court has refused an application for judicial review seeking to prohibit the Director of Public Prosecutions from pursuing charges against the applicant on the grounds of delay. The applicant was 15 years old at the time of the alleged offending but was not returned for trial until after hi

The High Court has refused an application to dismiss a plaintiff’s personal injuries action on the grounds that it was bound to fail. The defendants argued that the plaintiff could not succeed because she had signed a waiver agreement which waived any right of action against the defendants. Ho

The Court of Appeal has upheld an award of €85,000 for psychiatric damage caused to a woman who witnessed the aftermath of a fatal car accident. The woman was the first person on the scene and suffered post-traumatic stress disorder after seeing the deceased driver. The defendant’s insure

The High Court has refused to admit the copy of a deceased’s will to probate despite the fact that most of the next of kin consented and none actively opposed the application. The court held that there was simply no evidence to show that the original will was still in existence or that it was

The Supreme Court has ruled that Clare County Council was not entitled to a mandatory interlocutory injunction removing Irish travellers from Council lands. It was held that both the Court of Appeal had failed to adequately consider the constitutional rights of the defendants in granting the applica

The High Court has ruled that FBD Insurance plc must pay publicans for losses arising from the early closures of premises which occurred from 10 August 2020 due to the Covid-19 pandemic. In a 201-page judgment, Mr Justice Denis McDonald held that the early closing requirement was a government-impose

The Court of Appeal has rejected an appeal against a decision by the High Court to refuse an Article 40.4 application arising from the conviction of the appellant. It was stated that the application was “totally misconceived” and that the issues should have been raised in an appeal. The

The Court of Appeal has dismissed an appeal against the severity of a three-year sentence for the cultivation of €39,000 worth of cannabis plants. The final year of the sentence had also been suspended by the sentencing judge. The appellant argued that the sentence was excessive having regard t

The Supreme Court has held that the decision of the Minister for Education to exclude certain home-schooled students from the calculated grades scheme in the 2020 Leaving Certificate was invalid. It was held that the Minister’s decision was an unlawful interference with the constitutional righ

The High Court has acceded to an application appointing the aunt of a ward of court as his joint committee in addition to the General Solicitor. The General Solicitor opposed the appointment, arguing that the aunt’s disagreement with the treating doctors could undermine the ward’s treatm