Case Reports

Northern Ireland’s High Court has dismissed a challenge to the refusal to permit participation of special advocates in the Omagh bombing inquiry. Delivering judgment for the High Court, Mr Justice Gerry McAlinden urged, “let this Inquiry get to work and tackle a myriad of issues arising

The High Court has ordered the release of Mr Enoch Burke from prison notwithstanding his failure to purge his contempt, in light of a “material change in circumstances”. Delivering judgment for the High Court, Mr Justice Cregan opined: “Mr. Burke is entitled to his religious views

The District Court has stipulated that a multi-disciplinary age assessment should be placed into evidence during age inquiries pursuant to the Child Care Act 1991. Delivering judgment for the District Court, Judge Conor Fottrell advised that “in future, when there is a request for the Court to

The High Court has quashed an assault conviction arising in the context of a home repossession in Co. Roscommon. Delivering judgment for the High Court, Mr Justice Garrett Simons found that the Circuit Court had impermissibly interfered with the applicant’s cross-examination of the complainant

The High Court has quashed a decision of the An Coimisiún Pleanála refusing permission for the installation of an underground storage container for the storage of pyrotechnics in Co. Mayo. Delivering judgment for the High Court, Mr Justice Richard Humphreys said: “The rejection o

The High Court has ordered that a solicitor should be struck off the Roll of Solicitors following findings of serious misconduct, including his misappropriation of nearly €50,000 in client funds for personal use. Delivering an ex tempore judgment for the High Court, Mr Justice David Barniville

The Court of Appeal has upheld the sentence imposed on a participant in the “Dubin riots” who set a garda car alight and attacked a direct provision centre. Delivering judgment for the Court of Appeal in May, Ms Justice Nuala Butler considered that the appellant’s offending involve

The High Court has considered a novel issue on the on the application of rules relating to confidentiality and privilege over mediation documents in the context of Hague Convention proceedings.​ Delivering judgment for the High Court, Ms Justice Nuala Jackson opined: “Article 30 must be inte

The Supreme Court has determined that exclusions on public sector employment do not frustrate the entitlements of international protection applicants to access the labour market. Delivering judgment for the Supreme Court, Mr Justice Maurice Collins concluded that the constitutional and EU law rights

The Court of Appeal of Northern Ireland has upheld a decision of the High Court refusing to grant a declaration of legal parentage to the non-biological mother of a child conceived by private sperm donation. Delivering judgment for the Court of Appeal of Northern Ireland, Lady Chief Justice Siobhan

The Supreme Court has provided clarity on the lawfulness of conditional fee and “no foal, no fee” arrangements, upholding the legality of certain contractual arrangements concerning legal costs as between Revenue and a panel of nominated solicitors’ firms. Delivering judgment for t

The High Court has permitted the Minister for Health to be joined to proceedings brought by a consultant doctor challenging a decision restricting private practice in surgical hubs at public hospitals. Delivering judgment for the High Court, Mr Justice Anthony Barr was satisfied that if the consulta

The High Court has refused to quash a decision of the Garda Commissioner summarily dismissing a member who was convicted of drink driving. Delivering judgment for the High Court, Mr Justice Sean Gillane opined: “AGS is a disciplined force with the Commissioner at its head, and the Oireachtas h

The Supreme Court has allowed the DPP’s appeal against a decision of the High Court quashing a drunk driving conviction on the basis of an alleged evidential lacuna. Delivering judgment for the Supreme Court, Ms Justice Iseult O’ Malley opined: “The overall burden on the prosecutio

The High Court has remitted possession proceedings to plenary hearing in light of apparent deficits and contradictions in the evidence presented by Promontoria. Delivering judgment for the High Court, Ms Justice Nessa Cahill opined: “The documentary and affidavit evidence presented is confusin