Case archive

High Court: Doctor temporarily suspended after refusing to administer vaccines or refer patients for Covid testing

The High Court has granted the temporary suspension of a doctor from practice due to his actions in response to the Covid-19 pandemic. The doctor allegedly failed to refer his patients for Covid-19 testing and claimed that he would not administer the vaccine to his patients. Further, the doctor refused to comply with HSE public health guidelines.

High Court in Ireland — 14 April 2021

High Court: Decision to refuse school transport for autistic boy quashed due to inadequate reasoning

The High Court has quashed a decision of the School Transport Appeals Board, which determined that free transport should not be provided to an autistic boy to attend school. In allowing the application for judicial review, the court held that the Appeals Board failed to provide adequate reasons for the decision to prevent the boy from availing of the scheme for those with special educational needs.

High Court in Ireland — 13 April 2021

Supreme Court: Challenge to constitutionality of WRC rejected in landmark judgment

The Supreme Court has upheld the constitutional validity of the Workplace Relations Commission (WRC) in a significant ruling relating to the administration of justice in the State.

Supreme Court in Ireland — 12 April 2021

UK Supreme Court: Sale and leaseback of care home did not trigger VAT exemption claw-back

The Supreme Court has held that the sale and leaseback of a Scottish care home did not dispose of the seller’s entire interest in the property for the purposes of VAT legislation.

UK Supreme Court in United Kingdom — 1 April 2021

UK Supreme Court: Asda warehouse workers can be valid equal pay comparator for shop workers

The UK Supreme Court has determined that the predominantly female retail employees of a major supermarket are able to use the employment contracts of predominantly male depot employees as a valid comparison in their equal pay claim.

UK Supreme Court in United Kingdom — 29 March 2021

Court of Appeal: Appeal dismissed for man who challenged the valuation of drugs in his possession by gardaí

The Court of Appeal has dismissed an appeal from a man convicted under the Misuse of Drugs Act 1977 for being in possession of drugs with a value of more than €13,000.

Court of Appeal in Ireland — 26 March 2021

Supreme Court: Court outlines proper approach to appeals where incompetent legal representation is alleged

The Supreme Court has outlined the proper approach to appeals in cases where a party claims to have received incompetent legal representation.

Supreme Court in Ireland — 25 March 2021

Supreme Court: Test for security for costs refined as Quinn Insurance ordered to cover €30m legal bill

The Supreme Court has ordered Quinn Insurance Limited to provide security for costs to PricewaterhouseCoopers, whose legal bill stands at €30 million in the long-running dispute. In reaching this decision, the court reiterated the proper approach to security for costs (SFC) applications and outlined a new limb to the legal test.

Supreme Court in Ireland — 24 March 2021

High Court: Medical negligence claim arising from IVF treatment rejected

The High Court has rejected a medical negligence action arising from the provision of IVF fertility treatment to a woman. The plaintiff had alleged that the defendants had failed to properly identify a fibroid in her uterus, which caused a number of unsuccessful and painful IVF procedures.

High Court in Ireland — 23 March 2021

High Court: Defendant successfully argues that accident report form is covered by litigation privilege

The High Court has determined that an accident report form compiled by a defendant to a personal injuries claim was not discoverable due to litigation privilege.

High Court in Ireland — 22 March 2021

Supreme Court: Test for adducing new evidence/argument on appeal in summary cases confirmed

The Supreme Court has confirmed the proper legal test when an appellate court is considering admitting new evidence or argument on appeal. Delivering the judgment in the case, Mr Justice John MacMenamin held that a more flexible approach needs to be taken by an appellate court when considering new issues in an appeal of a summary matter.

Supreme Court in Ireland — 19 March 2021

Court of Appeal: Sentence reduced for defendant after “clear indication” of leniency by judge at earlier hearing

The Court of Appeal has reduced the sentence for a man found guilty of robbery and vehicle theft after the sentencing judge gave a “clear indication” that he would issue a lenient sentence if the man continued his rehabilitation. Giving judgment in the case, Mr Justice Seamus Woulfe reduced the four-year custodial sentence by suspending the final two years.

Court of Appeal in Ireland — 18 March 2021

Court of Appeal: Defendant must make discovery of price paid to NALM for plaintiff’s loans

The Court of Appeal has ordered that a defendant in an unjust enrichment claim must make discovery of the price paid to National Asset Loan Management Limited for the plaintiff’s loans. The court determined that the purchase price was a relevant and necessary piece of information to the proceedings and determined that the High Court had erred by refusing the category.

Court of Appeal in Ireland — 16 March 2021

High Court: Judge refuses application to determine EU law points in planning case after quashing decision on domestic law grounds

The High Court has refused an “innovative motion” to decide EU law points in a planning application despite the court already having quashed the decision on domestic law grounds. In Balscadden Road SAA Residents Association Ltd. v. An Bord Pleanála (No. 1) [2020] IEHC 586, the court upheld a challenge to planning permission for a series of apartments in Howth, Dublin 13 but did not definitively determine any of the points of EU law points raised in the case.

High Court in Ireland — 15 March 2021

High Court: Inherent jurisdiction may be used to remand person awaiting hearing for revocation of suspended sentence

The High Court has rejected an applicant’s submissions that he was unlawfully remanded in custody by a Circuit Court judge for a hearing to revoke a suspended sentence. The court considered the terms of s.99(17) of the Criminal Justice Act 2006 as amended and ruled that a court has an inherent power to remand an individual in custody pending the hearing.

High Court in Ireland — 12 March 2021