Case Reports

The High Court has determined that there was no culpable prosecutorial delay or “loss of opportunity” sufficient to restrain the prosecution of a man alleged to have committed offences whilst detained in Oberstown as a child, who “aged out” prior to trial in the Circuit Court

The High Court has dismissed proceedings brought by a serial litigant against the Courts Service of Ireland and has granted an Isaac Wunder order against him. Delivering judgment for the High Court, Mr Justice David Nolan determined that the plaintiff’s proceedings were frivolous, vexatious an

The Court of Appeal has dismissed an appeal against conviction on grounds that the trial judge was not required to charge the jury on the defence of necessity in respect of the appellant’s trespassing in a high-security area of Shannon Airport Delivering judgment for the Court of Appeal, Mr Ju

The High Court has admitted into evidence letters entitled “without prejudice save as to costs” in circumstances where they contained implicit threats designed to place improper pressure on the defendant to settle the proceedings Delivering judgment for the High Court, Mr Justice Mark Sa

The Court of Appeal has allowed an appeal against a High Court declaration to the effect that the State failed to provide for the needs of newly arrived international protection applicants in breach of their human rights. Delivering judgment for the Court of Appeal, Mr Justice Anthony Collins consid

The Supreme Court has allowed an appeal against the judgment of the Court of Appeal which permitted a severed order of certiorari in respect of a decision of the International Protection Appeals Tribunal (IPAT). Delivering judgment for the Supreme Court, Ms Justice Iseult O’Malley emphasised t

The Supreme Court has set aside an order for retrial of a case where compelling evidence of guilty pleas was erroneously excluded by the trial judge. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Malley confirmed that the Criminal Procedure Act 2010 “establishes exceptio

Northern Ireland’s Crown Court has acquitted three defendants of charges relating to alleged misconduct in public office arising from an investigation into NAMA’s Project Eagle ​Delivering judgment for the Crown Court, His Honour Judge Gordon Kerr was satisfied that although Mr Bryson

The Supreme Court has determined that PIAB authorisation is not required prior to issuing proceedings claiming solely for emotional distress, upset and anxiety as those are not ‘personal injury’ claims Delivering judgment for the Supreme Court, Mr Justice Brian Murray remarked that plain

The High Court has confirmed that the Personal Injuries Guidelines do not apply to child sexual abuse cases in circumstances where such claims do not fall within the definition of “personal injuries action” under s.22 of the Civil Liability and Courts Act 2004, as amended by the Judicial

The High Court has struck out a claim against the Institute of Chartered Accountants in Ireland in circumstances where over eight years had passed without a step being taken in the proceedings. Delivering an judgment for the High Court, Mr Justice Barry O’Donnell explained: “Absent agree

The High Court has decided that in light of a ministerial announcement that the government no longer intends to set up an IPAS accommodation centre on the former Crown Paints site in Coolock, most of the issues in a legal challenge were rendered moot and the court will not hear them. Delivering an e

The Supreme Court has allowed an appeal of Tusla, the Child and Family Agency, against an order for costs made in favour of a guardian ad litem in plenary proceedings before the High Court. Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan explained that “it must be borne in m

The Supreme Court has allowed the appeal of the Garda Commissioner concerning his powers under s.14(2) of the Garda Síochána Act 2005. Delivering the lead judgment for the Supreme Court, Mr Justice Brian Murray opined: “Section 14(2), it must be stressed, confers an extreme power

The Supreme Court has allowed an appeal against orders made pursuant to the Proceeds of Crime Act 1996 in light of “genuinely new” evidence. Delivering his judgment for the Supreme Court, Mr Justice Peter Charleton opined that upon remittal to the High Court, the task faced by the respon