Killian Flood BL

The Court of Appeal has dismissed an appeal against a murder conviction which claimed that the appellant’s trial was rendered unfair after the main prosecution witness gave evidence via video link. It was also claimed that the witness should not have been permitted to give evidence with the as

The High Court has rejected an application to amend a statement of grounds in a planning case involving the protection of bats under the Habitats Directive. The applicants had submitted, inter alia, that An Bord Pleanála had failed to comply with the provisions of the Directive and sought to

The High Court has dismissed a solicitor’s application for judicial review of a decision by the Solicitors Disciplinary Tribunal to adjourn proceedings to allow a company to obtain legal representation. In so ruling, the court determined that the Tribunal was entitled to control its own proces

The High Court has determined that an anorexic woman should not be fed against her wishes by her treating doctors despite the risk of premature death. It was held that, in all the circumstances of the case, it was in the best interests of the woman for coercive feeding to end. In making the order so

The Court of Appeal has increased the sentence for a man found guilty of assisting with the importation of €2.7 million worth of diamorphine. The man was originally sentenced to seven and a half years' imprisonment with the final three and a half years suspended. However, it was held that the s

The High Court has set aside third-party proceedings on the basis of cumulative delays of two years for the service of the notices. The court held that there was inordinate and inexcusable delay by the defendants in seeking leave to issue third party proceedings and in the service of the third-party

The High Court has quashed a decision of the International Protection Appeals Tribunal (IPAT) to refuse refugee status to two people who faced xenophobic violence in South Africa. The IPAT had determined that South Africa provided effective protection for the applicants from the alleged violence. Ho

The High Court has dismissed a €2.5 million summary claim for inordinate and inexcusable delay on the part of the plaintiff. In so ruling, the court strongly criticised the “groundless speculation and invented facts” contained in the plaintiff’s legal submissions on the issue

As the Michaelmas term has drawn to a close, it provides an opportunity to look back at some of the important judgments which defined the year in the courts. Over the course of 2021, Irish Legal News has produced hundreds of articles on new judgments and current awareness topics within the Irish leg

The Court of Appeal has overturned a High Court decision which determined that the minister for justice and equality failed to consider the “emotional and social dependency” in a non-EU national’s application for an EU residency card. The High Court held that the minister’s d

The Supreme Court has determined that a Mauritius national who worked in Ireland without a permit was not entitled to statutory maternity leave payments despite making PAYE and PRSI contributions to the State. The decision has potentially far-reaching consequences for individuals working in Ireland

The High Court has quashed a decision of the International Protection Appeals Tribunal (IPAT) after it failed to give reasons for refusing to give the case an oral hearing under section 43(b) of the International Protection Act 2015. The IPAT decided that the applicant was not entitled to refugee st

The High Court has rejected a statutory appeal brought by the Director of Public Prosecutions, which sought to prevent the disclosure of certain documents to a journalist. The requested documents concerned discussions relating to lawyer’s fees with the Department of Public Expenditure and Refo

The Supreme Court has ruled that the Minister for Justice and Equality failed to establish that she was entitled to postpone the surrender of a man to Lithuania due to the effects of the Covid-19 pandemic. The man was due to be surrendered in February 2021 on foot of a European Arrest Warrant and fl

The Court of Appeal has allowed an appeal to reduce a general damages award from €155,000 to €95,000 on the basis that the trial judge did not properly assess general damages under the Book of Quantum. Further, the court held that the plaintiff was liable in contributory negligence for his