Case archive

High Court: Legal costs for 'entirely successful party' reduced to 60 per cent due to 'unreasonable' submissions

The High Court has ruled that the Revenue Commissioners were not entitled to full legal costs despite being “entirely successful” in case stated proceedings. The court held that 20 per cent of the hearing was taken up by submissions which had no probability of success and therefore only granted 60 per cent of the costs to the Revenue.

High Court in Ireland — 22 June 2021

UK Supreme Court holds accounting firm liable to English building society for millions in damages for negligent advice

The UK Supreme Court has found that an accounting firm that incorrectly advised a building society that it could use a method of accounting known as “hedge accounting” to handle volatility in certain payments had negligently cost the society £32 million for the cost of ditching the contracts early as a result.

UK Supreme Court in United Kingdom — 21 June 2021

Supreme Court: Labour Court recommendation for Sectoral Employment Order quashed for failure to give reasons

The Supreme Court has quashed a recommendation by the Labour Court for a Sectoral Employment Order setting minimum conditions for electrical workers’ pay because it failed to provide adequate reasoning for the decision. The SEO was recommended under the procedure set out in Chapter 3 of Industrial Relations (Amendment) Act, 2015.

Supreme Court in Ireland — 21 June 2021

High Court: Claim of misfeasance against council struck out due to 22-month delay in delivering statement of claim

The High Court has struck out a claim against Clare County Council in which the plaintiff failed to produce a statement of claim for 22 months after the plenary summons had issued.

High Court in Ireland — 18 June 2021

High Court: Labour Court erred in dismissing HSE employee’s claim under fixed-term contracts legislation

The High Court has held that the Labour Court was incorrect in law when it refused a claim by a HSE employee under the Protection of Employees (Fixed-Term Work) Act 2003 on the basis that he was not a fixed-term employee.

High Court in Ireland — 17 June 2021

Court of Appeal: €69,000 award upheld for injuries sustained in low-speed car accident

The Court of Appeal has upheld a €69,000 award of damages for a man who suffered injuries as a result of a low-speed car accident.

Court of Appeal in Ireland — 16 June 2021

Supreme Court: Motion to set aside refusal for leave to appeal rejected in student transport case

The Supreme Court has rejected a motion brought by an appellant to set aside a previous refusal of an application for leave to appeal. The appellant had claimed that new information had emerged which tended to show that the Minister for Education and Skills had breached the obligation for transparency by state bodies in the litigation.

Supreme Court in Ireland — 15 June 2021

High Court: Personal injuries claim struck out against Swedish airport for want of jurisdiction

The High Court has struck out a personal injuries claim against a Swedish airport, stating that Ireland did not have jurisdiction to hear and determine the case. The plaintiff had pleaded that the Montreal Convention and Brussels Regulation Recast granted jurisdiction in the matter.

High Court in Ireland — 14 June 2021

Court of Appeal: Clamp removal fees for illegally parked cars are subject to VAT

The Court of Appeal has determined that clamp removal fees issued by a private car park are subject to VAT on the basis that a service is being provided to the motorist.

Court of Appeal in Ireland — 11 June 2021

High Court: Mandatory minimum sentencing section in Misuse of Drugs Act declared to be unconstitutional

The High Court has ruled that mandatory-minimum sentences for those with previous convictions for serious drug trafficking is contrary to the Constitution. Under section 27(3F) of the Misuse of Drugs Act 1977, a person had to receive at least 10 years’ imprisonment if they had previously been convicted having drugs worth more than €13,000 in their possession.

High Court in Ireland — 10 June 2021

High Court: Lidl injunction rejected over Irish Farmers' Association 'fake farms' claim

The High Court has refused an application by Lidl Ireland GMBH for an injunction prohibiting the publication of two advertisements by the Irish Farmers' Association.

High Court in Ireland — 9 June 2021

High Court: SFPA acted unlawfully by withholding approval of fish-weighing system based on EU concerns

The High Court has ruled that the Sea-Fisheries Protection Authority (SFPA) acted ultra vires its powers by withholding approval for a pier-side weighing system for freshly-caught fish.

High Court in Ireland — 8 June 2021

High Court: Child returned to parents in England after aunt and uncle decided to keep him in Ireland

A young child has been returned to his parents in England despite the objections of his aunt and uncle. The child had previously been transferred to their care in Ireland for a temporary period to allow his mother to overcome alcohol addiction. However, the aunt and uncle decided that it was in the child’s best interests to remain with them in Ireland.

High Court in Ireland — 4 June 2021

High Court: Injunction granted restraining the infringement of trademarks relating to State-owned airline company

The High Court has granted an interlocutory injunction restraining the use of a trademark by a defendant which was alleged to infringe the trademark of a State-owned airline company. In reaching the decision, Ms Justice Nuala Butler considered that the balance of justice heavily favoured granting the injunction.

High Court in Ireland — 3 June 2021

High Court: Discovery ordered in personal injuries case despite defendant claiming privilege against self-incrimination

The High Court has granted discovery against a defendant in personal injuries proceedings, rejecting a submission that discovery infringed the defendant’s right to self-incrimination.

High Court in Ireland — 2 June 2021