Case archive

Supreme Court: Refusal to compensate men whose convictions were overturned does not breach presumption of innocence

The requirement for a person to prove beyond a reasonable doubt that they did not commit an offence in order to access compensation for a miscarriage of justice does not breach their right to presumption of innocence, the Supreme Court has ruled.

UK Supreme Court in United Kingdom — 30 January 2019

High Court: Master of the High Court’s decision to strike out Special Summons 'beggars belief'

Permanent TSB have been granted an order discharging the purported order of the Master of the High Court to strike out a Special Summons.

High Court in Ireland — 29 January 2019

Court of Appeal: Galway egg company granted injunction restraining competitor from trading under similar name

An egg company in Galway has been granted an injunction restraining its former supplier from trading under a similar name, after the Court of Appeal found that the actions of its competitor constituted the tort of passing off.

Court of Appeal in Ireland — 28 January 2019

Supreme Court: Construction company’s agreement with IBRC bound it to accept expert’s profit estimation

A construction company that changed the terms of its loan agreements with IBRC, allowing for an expert to estimate the amount of profit to be evenly distributed, has lost its appeal to the Supreme Court.

Supreme Court in Ireland — 25 January 2019

Supreme Court: Ex-husband receives 25% of his pension fund in divorce proceedings which began in 2002

In divorce proceedings which began in 2002, the Supreme Court has ordered that the ex-husband should receive 25% of his pension fund and the ex-wife should receive 75%. The ex-husband had appealed the original apportionment in which his ex-wife had been awarded 80% of the fund, valued at around €800,000. Stating that the financial circumstances of both parties had deteriorated significantly but that the ex-wife’s position was less stable, Mr Justice John MacMenamin said that he hoped after the years of litigation and hundreds of thousands of Euro in legal costs the case would now end.

Supreme Court in Ireland — 23 January 2019

Court of Appeal: Wholly suspended sentence for stabbing man in the back was not unduly lenient

The Director of Public Prosecutions has lost an appeal against wholly suspended sentence which was given to a man who pleaded guilty to stabbing another man in the back with a kitchen knife. Accepting that the sentence was indeed a very lenient one, Mr Justice John Edwards said that an entirely suspended sentence was open to the sentencing judge, and the cumulative effect of all the mitigating circumstances made the man’s case exceptional.

Court of Appeal in Ireland — 22 January 2019

Court of Appeal: Father of man murdered in 1997 wins appeal against case management decision

A man whose son was murdered in 1997 has successfully appealed a case management decision not to remove a stay on the hearing of his application to issue judicial review proceedings against the PSNI, the Department of Justice, and the Coroner’s Service.

Court of Appeal in Northern Ireland — 21 January 2019

Court of Appeal: Unmarried partners can be compelled to give evidence

Unmarried partners are not amenable to the non-compellability provisions of the Criminal Evidence Act 1992, it has been ruled in the Court of Appeal.

Court of Appeal in Ireland — 18 January 2019

High Court: Man who received two defective hip prosthetics should have applied to Injuries Board before bringing claim

A man who had two hip replacements in 2007, which were later found to be defective and recalled by the manufacturer, has had his claim dismissed in the High Court.

High Court in Ireland — 17 January 2019

High Court: Woman who claims guarantees were made under undue influence is granted injunction against receivers

A woman who claims that she was under duress and undue influence when she acted as guarantor for loans taken by her son, has been granted an interlocutory injunction restraining receivers from selling, possessing, trespassing upon or otherwise dealing with the secured property.

High Court in Ireland — 16 January 2019

Supreme Court: NI AG should intervene in litigation to pursue devolution issues referred to UKSC

The Attorney General for Northern Ireland should apply to intervene in litigation involving the north-south interconnector to clarify devolution issues referred to the UK Supreme Court.

UK Supreme Court in United Kingdom — 15 January 2019

Court of Appeal: Security officer who sought damages for slap to the buttocks has appeal dismissed

A security officer who brought a personal injury claim against a delivery driver, Tesco and Brennans Bread has had his appeal dismissed in the Court of Appeal.

Court of Appeal in Ireland — 14 January 2019

ECtHR: German parents did not suffer article 8 violation when homeschooled children were taken into care

A couple in Germany whose four children were temporarily taken into care because they insisted on homeschooling them did not suffer a violation of their article 8 rights, the European Court of Human Rights (ECtHR) has ruled.

European Court of Human Rights in Europe — 11 January 2019

Workplace Relations Commission: Bus company directed to reinstate driver who was unfairly dismissed

A bus company has been directed to reinstate a part-time school bus driver whose contract of employment was terminated in August 2017.

Workplace Relations Commission in Ireland — 11 January 2019