Case Reports

The Supreme Court has determined that the High Court erred in concluding that the plaintiffs followed incorrect procedure in bringing contempt proceedings against the Child and Family Agency, Tusla. Delivering judgment for the Supreme Court, Mr Justice Hogan remarked that “one cannot but be di

The Supreme Court has dismissed an appeal concerning the effect of consumer protection legislation on the activities of a ‘credit servicing’ firm. Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan stated: “As the conduct of Cave Projects is not ex facie illegal, if

Northern Ireland’s High Court has granted a declaration to the Bar Council of Northern Ireland and the Law Society of Northern Ireland that the Department of Justice and Legal Services Agency are in contravention of their statutory duty to pay properly presented legal aid bills. Delivering jud

Northern Ireland’s High Court has refused an appeal against the provisional grant of a pub licence to Lidl. Delivering judgment for the High Court, Mr Justice Adrian Colton remarked that while the "concept of a licenced premises attached to a supermarket is undoubtedly a new development", the

The High Court has made a litigation restriction order against a mother and son in circumstances where they issued eight sets of proceedings arising from alleged medical negligence in relation to his treatment following his birth. Delivering judgment for the High Court, Ms Justice Niamh Hyland state

The High Court has opined on the correct method of estimating legal costs in light of the Legal Services Regulation Act 2015. Delivering judgment for the High Court, Mr Justice Michael Twomey highlighted that it was important to clarify that a person can agree to pay their own lawyers whatever amoun

The Supreme Court has referred questions to the European Court of Justice concerning the meaning and effect of Article 13(7) of Regulation (EU) 2019/943 of the European Parliament and the Council of 5 June 2019 on the internal market for electricity. Delivering its judgment, the seven-judge Supreme

The Court of Appeal has dismissed appeals by a former teacher from the judgment and orders of Mr Justice Cian Ferriter inter alia restraining her from instituting proceedings in the WRC and Labour Court and striking out pending complaints before those bodies. Delivering judgment for the Court of App

The High Court released Enoch Burke from prison indefinitely in December and raised his daily fine to €1,400 in circumstances where he appeared to be exploiting his imprisonment for some benefit. Delivering judgment for the High Court in December, Mr Justice David Nolan stated that it would be

Northern Ireland’s Crown Court has refused to make a serious crime prevention order in respect of a mother-of-three who played an organisational role in a cannabis supply network. Delivering judgment for the Crown Court, Her Honour Judge Patricia Smyth stated: “It is of course possible t

The High Court has refused an application for a modular trial in relation to the applicant’s standing in oppression case. Delivering judgment for the High Court, Mr Justice Rory Mulcahy stated that “although I think it would be an exaggeration to assert that separation of the issue of st

The High Court has dismissed a claim from a prisoner who was injured in an unprovoked attack in toilets at Mountjoy Prison. Delivering judgment for the High Court, Mr Justice Conor Dignam could not find that there had been a breach of duty on part of the prison authorities, but observed that their f

The High Court has determined that the bringing of judicial review proceedings in lieu of an appeal was appropriate where the District Court’s interventions rendered a criminal trial unfair. Delivering judgment for the High Court, Mr Justice Garrett Simons observed that the trial judge "went o

The High Court will state a case to the Court of Appeal concerning whether the use of substitution applications is appropriate in appeal cases. Delivering judgment for the High Court, Mr Justice Garrett Simons observed that "it is better that this matter now come before the Court of Appeal, rather t

Northern Ireland’s Crown Court last week jailed a paedophile who admitted to coercing and ‘catfishing’ children online and sexually abusing a woman suffering with intellectual disability and severe autism. Delivering judgment for the Crown Court, His Honour Judge Geoffrey Miller KC