Killian Flood BL

The Court of Appeal has overturned a Circuit Court decision to withdraw a case from a jury because the defendant was not questioned by gardaí about the alleged offences. The court said that the defendant had “no entitlement to be detained and questioned” by gardaí in order

The Court of Appeal has overturned a personal injuries award for a woman who was scalded by hot water after trying to make tea in a glass jug from Dunnes Stores. In the High Court, the plaintiff was awarded €56,000 after the trial judge held that the jug should have had a label to warn users no

The Court of Appeal has upheld a defendant’s appeal in part and remitted summary proceedings to the High Court to allow a bank to amend its summons with proper particulars of the debt, in line with the Supreme Court ruling in Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84. Howe

The Court of Appeal has dismissed an appeal against the renewal of a personal injuries summons and has confirmed the proper legal test for the renewal of a summons under the recent amendment to Order 8 of the Superior Court Rules in 2018. In a High Court application to renew a summons, it will be su

The High Court has granted summary judgment summary judgment against a defendant despite the defendant asserting a counterclaim for damages for breach of contract. The court described the defendant’s claim as “simply too vague” to stay the judgment and ordered that the defendant pa

The High Court has granted an order for full costs despite the applicants only being partially successful in their judicial review proceedings. The court considered the case to be one of “general public importance”, raising significant issues regarding journalistic privilege and freedom

The Court of Appeal has dismissed an appeal against a rape conviction in which the defendant claimed that the trial judge had erred by allowing more than one “recent complaint” witness. Giving the judgment of the Court, Mr Justice John Edwards described the situation as “somewhat u

The Court of Appeal has ruled that the defendants in a personal injuries action must provide further information to the plaintiff about a “bald denial” in their defence. The plaintiff had argued that section 13 of the Civil Liability and Courts Act 2004 required the defendant to provide

The High Court has granted an application by Norwegian Air to appoint an examiner over six companies in the Norwegian Group. The court noted that the struggling company had met serious challenges in recent times, with the airline only having six planes in use due to the coronavirus pandemic. The cou

The Court of Appeal has overturned a High Court award for equitable damages in circumstances where the plaintiffs relied on “obviously home-made” documents to support their claim. The court determined that the trial judge had erred by awarding damages in lieu of specific performance, des

The European Court of Human Rights has rejected the applications of three symphysiotomy victims in Ireland as being “manifestly ill-founded”. The women, who are to remain anonymous, claimed that Ireland had breached their human rights by preventing them from pursuing complaints that the

The Court of Appeal has found a Centra shop and a security company liable for personal injuries which were sustained in a brawl outside the store premises. The plaintiff, Mr Cian McCarthy, suffered significant brain injuries when he was assaulted by a pedestrian after he was ejected by security staf

The Court of Appeal has ruled on two appeals relating to the procedural fairness of the Criminal Injuries Compensation Tribunal. The judgment, delivered by Ms Justice Úna Ní Raifeartaigh, rejected arguments that legal aid should be provided to people availing of the scheme. The court a

The High Court has ruled that a liquidator overcharged a company by more than €860,000 for services in a members’ voluntary liquidation and ordered him to repay the money. The judge, Ms Justice Nuala Butler, described the fees as “vastly disproportionate” to the work that had