Case archive

High Court: Court quashes Minister’s refusal to consider non-EU person’s employment permit due to his immigration status

The High Court has granted an order of certiorari against the Minister for Business, Enterprise and Innovation’s refusal to consider an employment permit application for a non-EU national. The key question in the case was whether the applicant was entitled to be considered for an employment permit when he already had a work permit due to his former wife’s status as an EU national.

High Court in Ireland — 11 March 2021

Court of Appeal: Minister for Education loses appeal against providing calculated grades for home-schooled students

The Court of Appeal has rejected an appeal brought by the Minister for Education that she had acted unlawfully by refusing to assess two home-schooled students for calculated grades during the 2020 Leaving Certificate. The court held that it was unreasonable and disproportionate for the Minister to exclude the students from the scheme in the manner that occurred.

Court of Appeal in Ireland — 10 March 2021

High Court: Invalid protective certificate prevents debtor from bringing a further personal insolvency application within 12 months

The High Court has ruled that an insolvent debtor was not entitled to a new protective certificate under the Personal Insolvency Acts 2012-2015 after he had benefitted from an invalid protective certificate within the previous 12 months. It was claimed by the debtor that the impugned certificate was invalid from inception, and therefore did not count in the general 12-month rule against of a further application.

High Court in Ireland — 9 March 2021

Court of Appeal: Damages increased to €372,000 for psychological injuries caused in car accident

The Court of Appeal has increased the award of damages for a plaintiff who was hit by a car to €372,000. The plaintiff had appealed the decision of the High Court, which had awarded her with €265,000 after it was determined that she was 45 percent liable for the accident.

Court of Appeal in Ireland — 8 March 2021

Court of Appeal: Challenge to Covid-19 restrictions 'singularly failed to raise issues of substance'

The Court of Appeal has upheld a High Court decision to refuse leave in judicial review proceedings which challenged the constitutionality of the Covid-19 lockdown in Ireland. The court was highly critical of the case made by the appellants, stating that the proceedings were “tendentious” and “singularly failed to raise issues of substance”.

Court of Appeal in Ireland — 5 March 2021

High Court: Healthcare trust acted lawfully after reducing care levels for profoundly disabled persons during pandemic

The High Court has determined that a Health and Care Trust did not act unlawfully after it reduced the level of social care to two profoundly disabled adults due to the effects of the Covid-19 pandemic.

High Court in Northern Ireland — 4 March 2021

High Court: Student fails to overturn calculated grades from the 2020 Leaving Certificate

The High Court has refused an application for judicial review brought by a student who sought to challenge his results from the 2020 Leaving Certificate. The student had been downgraded from the predicted results provided by his teachers and he claimed that he had missed his preferred course in university.

High Court in Ireland — 3 March 2021

High Court: Security for costs granted against 'impecunious plaintiff' as judge heavily criticises legal costs in Ireland

The High Court has granted an application for security for costs against an impecunious company suing for €228,000. The company was ordered to pay 80 percent of the defendant’s costs, which were estimated at €231,000.

High Court in Ireland — 2 March 2021

High Court: €990,000 settlement for boy suffering from narcolepsy due to swine flu vaccine

The High Court has refused an application to increase a compensation award for a boy who developed narcolepsy and cataplexy after receiving the swine flu vaccine. The court had previously approved the general terms of a settlement agreement in November 2020 between the boy and the defendants, but the issue of quantum was not finalised.

High Court in Ireland — 1 March 2021

UK Supreme Court: Shamima Begum cannot return to UK

Shamima Begum, the woman who travelled to Syria as a child and aligned herself with ISIS, has failed in all her appeals to the UK Supreme Court and cannot return to the UK to argue her citizenship case.

UK Supreme Court in United Kingdom — 26 February 2021

High Court: Bankruptcy adjudication confirmed after debtor refused to turn up to remote hearing

The High Court has dismissed a bankrupt’s application to show cause against his adjudication after he refused to attend a remote hearing despite being at his computer and sending emails to the court. The court also granted an application by the Official Assignee to extend the period of bankruptcy for five years after the debtor refused to attend a further hearing a week later.

High Court in Ireland — 26 February 2021

High Court: Complaint upheld against Danske Bank for mis-selling mortgage to customers

The High Court has upheld a complaint against Danske Bank for mis-selling a mortgage to a couple.

High Court in Ireland — 25 February 2021

High Court: Summary judgment for €11m granted despite inadequate particulars of the debt in the summons

The High Court has granted summary judgment against a defendant for €11 million despite the summons and grounding affidavit containing inadequate particulars of the debt.

High Court in Ireland — 24 February 2021

High Court: Receiver costs take priority over preferential creditors when winding up a company

The High Court has refused an application by Revenue to declare that the receivers to a company failed to properly discharge monies from the winding up of a company. It was held that the receivers were entitled to repay loans which were taken out to fund the receivership ahead of the preferential creditors to the company.

High Court in Ireland — 23 February 2021

High Court: Test for post-accident discovery of medical records does not require an expert opinion

The High Court has granted an order for post-accident discovery of a plaintiff’s medical records in a personal injuries action and reaffirmed the position that post-accident discovery may be granted in line with the usual rules of discovery.

High Court in Ireland — 22 February 2021