Case archive

Supreme Court: Surrounding circumstances of abuse must be considered in rape cases

In a matrimonial rape case involving a pattern of abuse, threats to kill, and a violent attack with a hammer after the rape, the Supreme Court has set out the sentencing principles which must be observed when dealing with a pattern of violent and abusive behaviour.

Supreme Court in Ireland — 9 December 2019

High Court: Decision to dismiss principal of national school was fundamentally flawed

A woman who worked as a school principal in a small national school for twenty years has been granted an order of certiorari, quashing the decision of the Board of Management to dismiss her.

High Court in Ireland — 6 December 2019

High Court: Clonmel Healthcare granted declaration that Merck’s Supplementary Protection Certificate was invalid

Clonmel Healthcare have been granted a declaration that a Supplementary Protection Certificate held by Merck Sharp & Dohme Corp for a combination therapy for cholesterol was invalid.

High Court in Ireland — 5 December 2019

High Court: Men challenging extradition to Northern Ireland refused discovery of evidence gathered by gardaí

Two men challenging their surrender to Northern Ireland to face trial for the attempted murder of two PSNI officers have had their applications for discovery of evidence gathered by gardaí dismissed in the High Court.

High Court in Ireland — 4 December 2019

Court of Appeal: Notorious Dublin criminal 'the Viper' loses appeal against €738,449 interest owed on tax bill

Martin Foley, known as “the Viper”, has lost an appeal against the finding that he was liable for €738,449 interest on a tax bill of €178,510 which has been due since the early 2000s.

Court of Appeal in Ireland — 3 December 2019

Supreme Court: Mortgage bank must provide further details in application for summary judgment

A man who appealed against the High Court’s decision to grant summary judgment of €221,000 to Bank of Ireland Mortgage Bank has successfully argued that the bank provided insufficient details to be entitled to its claim.

Supreme Court in Ireland — 2 December 2019

High Court: Developer loses challenge to An Board Pleanála’s decision to refuse planning permission

A company seeking to develop a wind farm in Cork has lost an application for judicial review of a decision by An Bord Pleanála to refuse planning permission based on the “cumulative impact on landscape and visual amenity”.

High Court in Ireland — 29 November 2019

Court of Appeal: Brothers who targeted the elderly in burglary spree lose appeal against sentence

Brothers who committed several aggravated burglaries around Northern Ireland have lost an appeal against the severity of their sentences.

Court of Appeal in Northern Ireland — 28 November 2019

Court of Appeal: Garda Commissioner’s failure to respond was 'deficient to a serious degree'

The Commissioner of An Garda Síochána has lost an appeal against an order quashing the decision to request the resignation of a Garda accused of sexual assault.

Court of Appeal in Ireland — 27 November 2019

High Court: Director of Juvenile Diversion Programme incorrectly interpreted Children Act 2001

The former Director of the Garda Juvenile Diversion Programme was “operating under an incorrect interpretation” of the Children Act 2001 in applying a blanket policy that once a juvenile offender reached the age of majority, they could not be admitted to the Diversion Programme irrespective of their age at the date of the offence. Quashing the Director’s decision not to include an offender who admitted responsibility for offences when he was 17, Mr Justice Garrett Simons remitted the matter for reconsideration by the incumbent Director.

High Court in Ireland — 26 November 2019

NI Court of Appeal: Unduly lenient sentence upheld due to unfair manner in which DPP presented its appeal

The Court of Appeal in Northern Ireland has refused to quash a sentence which it found to be unduly lenient because the Director of Public Prosecutions sought to advance an entirely new case on appeal – amounting to “conspicuous unfairness” to the respondent and to the trial judge. This, in combination with the fact that an increased sentence would involve the respondent returning to prison, led to the Court exercising its discretion not quash the sentence.

Court of Appeal in Northern Ireland — 25 November 2019

High Court: Periodic payment order legislation 'a dead letter' in its current form

The new statutory scheme providing for periodic payment orders (PPO) for plaintiffs with catastrophic injuries has been described as “a dead letter” in the High Court.

High Court in Ireland — 22 November 2019

Labour Court: Butcher accused of sexual harassment has award for unfair dismissal increased to €35k

A man who was unfairly dismissed and awarded €24,000 has had his award of compensation increased to €35,000 in an appeal brought by his former employer.

Labour Court in Ireland — 21 November 2019

High Court: Pedestrian fails to establish negligence of a driver who knocked him down on 100km/h road

A pedestrian who was struck by a driver on an N road in Longford has had his personal injuries claim against the driver dismissed in the High Court.

High Court in Ireland — 20 November 2019

Court of Appeal: Damages awarded to Jordan family reduced on appeal

The Police Service of Northern Ireland (PSNI) has won an appeal against a £7,500 damages award over delays in progressing the inquest of the death of Pearse Jordan.

Court of Appeal in Northern Ireland — 18 November 2019