In a matrimonial rape case involving a pattern of abuse, threats to kill, and a violent attack with a hammer after the rape, the Supreme Court has set out the sentencing principles which must be observed when dealing with a pattern of violent and abusive behaviour. Finding that the Court of Appeal w
Róise Connolly
Edward “Ned” Kelly was a famous Irish-Australian bushranger and outlaw who was executed in November 1880. Part I and Part II of this series were published last month. After the Fitzpatrick affair, Ned and Dan were in hiding along with Joe Byrne and Steve Hart.
Clonmel Healthcare have been granted a declaration that a Supplementary Protection Certificate held by Merck Sharp & Dohme Corp for a combination therapy for cholesterol was invalid. Merck brought infringement proceedings against Clonmel for marketing a generic competitor; however, considering C
Two men challenging their surrender to Northern Ireland to face trial for the attempted murder of two PSNI officers have had their applications for discovery of evidence gathered by gardaí dismissed in the High Court. Describing the applications as a fishing expedition, Mr Justice Donald Binc
Martin Foley, known as “the Viper”, has lost an appeal against the finding that he was liable for €738,449 interest on a tax bill of €178,510 which has been due since the early 2000s. Mr Foley argued that the Criminal Assets Bureau was guilty of inordinate and inexcusable delay
A company seeking to develop a wind farm in Cork has lost an application for judicial review of a decision by An Bord Pleanála to refuse planning permission based on the “cumulative impact on landscape and visual amenity”. Dismissing the application, Mr Justice Garrett Simons said
Edward “Ned” Kelly was a famous Irish-Australian bushranger and outlaw who was executed in November 1880. Part I was published last Friday. The horse that landed 16-year-old Ned with three years of hard labour had actually been stolen – or “borrowed” by a horse-breaker
Brothers who committed several aggravated burglaries around Northern Ireland have lost an appeal against the severity of their sentences. Upholding the sentences of seven years in custody and seven on licence, Lord Justice Ben Stephens said that the “stiff sentences” were not “mani
The Commissioner of An Garda Síochána has lost an appeal against an order quashing the decision to request the resignation of a Garda accused of sexual assault. Finding that the Commissioner was deficient in responding to the assertion that the Garda had pleaded guilty only on the basis of recei
The Court of Appeal in Northern Ireland has refused to quash a sentence which it found to be unduly lenient because the Director of Public Prosecutions sought to advance an entirely new case on appeal – amounting to “conspicuous unfairness” to the respondent and to the trial judge.
The new statutory scheme providing for periodic payment orders (PPO) for plaintiffs with catastrophic injuries has been described as “a dead letter” in the High Court. Noting that the Courts did not have discretion to fix an increase other than that specified in the Harmonised Index
Edward “Ned” Kelly was a famous Irish-Australian bushranger and outlaw who was executed in November 1880. A martyr in the retelling of the British settlement of Australia, the story of Ned Kelly attracts a great degree of controversy as people disagree about whether he should be remember
A man who was unfairly dismissed and awarded €24,000 has had his award of compensation increased to €35,000 in an appeal brought by his former employer. Finding serious procedural failings in the disciplinary process which led to the man’s dismissal, Chairman Kevin Foley also said he
A pedestrian who was struck by a driver on an N road in Longford has had his personal injuries claim against the driver dismissed in the High Court. Stating that the case turned on the appropriate application of The Rules of the Road, Mr Justice David Keane said that if the pedestrian had followed t
High Court: Judge dismisses ‘tedious case’ claiming a vested right to apply for family reunification
A woman who sought judicial review of a decision refusing family reunification has had her application dismissed in the High Court. Stating that the “tedious approach of ‘never mind the facts, look at the interesting law’ has no place in the practical business of litigation”,