Killian Flood BL

The High Court has struck out motions issued by a litigant in person on the basis that he failed to serve the defendant properly. In so ruling, the court noted that the plaintiff appeared to be assisted by a man who “crops up reasonably regularly in the chancery list” and that “he

The High Court has awarded €33,000 to a plaintiff for psychiatric damage arising out of witnessing a murder at work. The plaintiff argued that her employer had failed to provide her with a mobile panic alarm pursuant to their policy and that this aggravated the plaintiff’s nervous shock r

The High Court has refused an application by a hospital worker to quash a decision that prevented her from working from home. The applicant claimed that she was at high risk from Covid-19 due to her health history and that the hospital failed to comply with HSE requirements in making the decision. D

The High Court has dismissed a claim brought by Foot Locker Retail Ireland Limited for declarations that it was entitled to not pay rent to its landlord between March and June 2020 when its store was closed by law. The company argued that the lease was partially frustrated by the Covid-19 restrictio

The Supreme Court has held that the Labour Court erred in concluding that a worker who complained about pain while working did not make a protected disclosure to his employer. It was held that the Labour Court did not properly set out the findings of fact relating to the worker’s complaint to

The High Court has ruled that the HSE cannot charge hospital users as private patients until they clearly consent to such treatment. As such, the HSE is only able to apply certain charges to private patients after they had consented and cannot automatically treat the user as a private patient for th

The High Court has ruled that an applicant was out of time to challenge the Teaching Council’s refusal to register her as a teacher. The applicant had applied to work as a post-primary teacher but was refused on the basis that all her relevant qualifications were for teaching adults. Deliverin

The Supreme Court has allowed Gemma O’Doherty and John Waters leave to bring an appeal in their challenge to the emergency lockdown measures from March 2020. However, the court only decided to hear a very narrow point of law and will not hear an appeal on the merits of the claim. The court hel

The Court of Appeal has rejected an appeal brought by two plaintiffs in defamation proceedings which had been rejected by a jury. The plaintiffs argued that the jury’s decision was perverse and should be set aside. It was said that all the evidence clearly showed that the defendant had publish

The High Court has refused an Article 40.4 application brought by a man who was committed to prison after he failed to deliver up possession of a property in accordance with a 2019 court order. The court held that the applicant had been detained in accordance with law and that the more appropriate c

The Court of Appeal has ruled that the offence of sexual exploitation of a child is a standalone offence and does not require proof that the child was trafficked. The question arose following the acquittal of two men accused of sexual exploitation, who had argued that the offence only applied in the

The High Court has dismissed a challenge to the constitutionality of the voting system for the Seanad by a graduate of the University of Limerick. The plaintiff claimed that it was unconstitutional that graduates from the University of Dublin (TCD) and the National University of Ireland (NUI) could

The High Court has dismissed a claim for indemnity and contribution made by defendants against Sligo County Council in a fatal road traffic case. The accident occurred after a HGV driver fell asleep behind the wheel and hit a highway maintenance crew at high speed, resulting in death and severe inju

The High Court has quashed a decision of the Children Court to retain jurisdiction of a sexual assault case against a child defendant. The trial judge had decided to hear the sexual assault case pursuant to the provisions of section 75 of the Children Act 2001 despite the fact that the child was als

The High Court has refused an application for judicial review brought by a solicitor seeking to have her WRC hearing resume after the adjudicator determined the case would have need a fresh hearing. The matter had been part-heard when the Supreme Court delivered its landmark judgment in Zalewski v.