Case archive

Supreme Court: Legal basis for surrender of people between Ireland and UK post-Brexit referred to CJEU

The Supreme Court has referred a case to the Court of Justice of the European Union (CJEU) in which the appellants challenged the legal basis for their surrender to the UK on foot of a European arrest warrant.

Supreme Court in Ireland — 23 July 2021

ECtHR: Man detained under terror suspicions had human rights violated by Turkish authorities

The European Court of Human Rights (ECtHR) has ruled that the pre-trial detention of a man suspected of belonging to a terrorist organisation in Turkey was a violation of his human rights under Article 5 of the European Convention on Human Rights (ECHR).

European Court of Human Rights in Europe — 23 July 2021

High Court: Trip-and-fall claim dismissed because plaintiff failed to look where he was walking

The High Court has dismissed a personal injuries action in a trip-and-fall case on the basis that the plaintiff failed to look where he was walking at the time of the accident.

High Court in Ireland — 22 July 2021

ECtHR: Post-mortem examination of baby violated parents' human rights

A post-mortem examination of a baby conducted against the wishes of his parents has been ruled a breach of Articles 8 and 9 of the European Convention on Human Rights (ECHR).

European Court of Human Rights in Europe — 21 July 2021

Supreme Court: Condition of sentence restraining employment of accused person for seven years was disproportionate

The Supreme Court has allowed an appeal by a man who claimed that he had received unduly harsh conditions for a suspended sentence for harassment.

Supreme Court in Ireland — 21 July 2021

High Court: Planning permission for safe injection site near primary school quashed

The High Court has quashed a decision by An Bord Pleanála for a safe injection site in Dublin due to a failure to consider the objections of a local primary school. The Board had provided temporary permission of three years for the facility, with a potential review of the development after that period.

High Court in Ireland — 20 July 2021

High Court: Hotelier must pay €200,000 domicile levy after court says his income is more than €1 million

The High Court has determined that a hotel owner must pay €200,000 as part of the domicile levy on the basis that his worldwide income was more than €1 million but his income tax liability was less than €200,000.

High Court in Ireland — 19 July 2021

Court of Appeal: Murder convictions overturned for two men in joint enterprise case

The Court of Appeal has overturned the convictions of two men who were found guilty of murder under the doctrine of joint enterprise. The two appellants had been present at the time and had assisted a third man in the aftermath of the killing.

Court of Appeal in Ireland — 16 July 2021

High Court: Injunction refused in €40m property dispute regarding alleged shareholder oppression

The High Court has refused to grant an interlocutory injunction to restrain a company from selling valuable Dublin properties until shareholder oppression proceedings were fully resolved.

High Court in Ireland — 15 July 2021

High Court: Interlocutory injunction granted against Gemma O’Doherty for defamatory comments

The High Court has granted an interlocutory injunction against Ms Gemma O’Doherty for defamatory comments that she made about Beaumont Hospital and its director of nursing.

High Court in Ireland — 14 July 2021

Court of Appeal: Injunction granted against prosecution of 88-year-old man in historic sexual abuse case

The Court of Appeal has allowed an appeal to prevent the prosecution of an 88-year-old man for sexual offences which occurred between 29 and 53 years ago. The man had previously failed to restrain the prosecution in the High Court.

Court of Appeal in Ireland — 13 July 2021

High Court: Two-year limitation period against a deceased’s estate does not apply to CAB proceeds of crime application

The High Court has granted an interlocutory application by the Criminal Assets Bureau (CAB) to prevent the disposal of certain assets alleged to be the proceeds of crime.

High Court in Ireland — 12 July 2021

Court of Appeal: Order of garnishee for the satisfaction of damages in litigation upheld against company

The Court of Appeal has upheld an order of garnishee which was made to satisfy a damages award against a company in personal injury proceedings. The garnishee order was granted following the settlement of separate proceedings taken by the company against its insurance broker and underwriter.

Court of Appeal in Ireland — 9 July 2021

High Court: Portakabin obtains disclosure order for defamatory comments sent from Gmail account

The High Court has granted an application by Portakabin (Ireland) Limited for the disclosure of the subscriber registration information associated with a Gmail account that was allegedly spreading defamatory material about the company.

High Court in Ireland — 8 July 2021

High Court: Personal injuries judge defends use of consent orders for determining RBA liability

A High Court judge has delivered a strong judgment regarding the practice in the personal injuries list of making consent orders which determine the amount of recoverable benefits to be paid by tortfeasors.

High Court in Ireland — 7 July 2021