Case archive

Court of Appeal: €69,000 award upheld for injuries sustained in low-speed car accident

The Court of Appeal has upheld a €69,000 award of damages for a man who suffered injuries as a result of a low-speed car accident.

Court of Appeal in Ireland — 16 June 2021

Supreme Court: Motion to set aside refusal for leave to appeal rejected in student transport case

The Supreme Court has rejected a motion brought by an appellant to set aside a previous refusal of an application for leave to appeal. The appellant had claimed that new information had emerged which tended to show that the Minister for Education and Skills had breached the obligation for transparency by state bodies in the litigation.

Supreme Court in Ireland — 15 June 2021

High Court: Personal injuries claim struck out against Swedish airport for want of jurisdiction

The High Court has struck out a personal injuries claim against a Swedish airport, stating that Ireland did not have jurisdiction to hear and determine the case. The plaintiff had pleaded that the Montreal Convention and Brussels Regulation Recast granted jurisdiction in the matter.

High Court in Ireland — 14 June 2021

Court of Appeal: Clamp removal fees for illegally parked cars are subject to VAT

The Court of Appeal has determined that clamp removal fees issued by a private car park are subject to VAT on the basis that a service is being provided to the motorist.

Court of Appeal in Ireland — 11 June 2021

High Court: Mandatory minimum sentencing section in Misuse of Drugs Act declared to be unconstitutional

The High Court has ruled that mandatory-minimum sentences for those with previous convictions for serious drug trafficking is contrary to the Constitution. Under section 27(3F) of the Misuse of Drugs Act 1977, a person had to receive at least 10 years’ imprisonment if they had previously been convicted having drugs worth more than €13,000 in their possession.

High Court in Ireland — 10 June 2021

High Court: Lidl injunction rejected over Irish Farmers' Association 'fake farms' claim

The High Court has refused an application by Lidl Ireland GMBH for an injunction prohibiting the publication of two advertisements by the Irish Farmers' Association.

High Court in Ireland — 9 June 2021

High Court: SFPA acted unlawfully by withholding approval of fish-weighing system based on EU concerns

The High Court has ruled that the Sea-Fisheries Protection Authority (SFPA) acted ultra vires its powers by withholding approval for a pier-side weighing system for freshly-caught fish.

High Court in Ireland — 8 June 2021

High Court: Child returned to parents in England after aunt and uncle decided to keep him in Ireland

A young child has been returned to his parents in England despite the objections of his aunt and uncle. The child had previously been transferred to their care in Ireland for a temporary period to allow his mother to overcome alcohol addiction. However, the aunt and uncle decided that it was in the child’s best interests to remain with them in Ireland.

High Court in Ireland — 4 June 2021

High Court: Injunction granted restraining the infringement of trademarks relating to State-owned airline company

The High Court has granted an interlocutory injunction restraining the use of a trademark by a defendant which was alleged to infringe the trademark of a State-owned airline company. In reaching the decision, Ms Justice Nuala Butler considered that the balance of justice heavily favoured granting the injunction.

High Court in Ireland — 3 June 2021

High Court: Discovery ordered in personal injuries case despite defendant claiming privilege against self-incrimination

The High Court has granted discovery against a defendant in personal injuries proceedings, rejecting a submission that discovery infringed the defendant’s right to self-incrimination.

High Court in Ireland — 2 June 2021

Court of Appeal: Petitioners in unsuccessful examinership application ordered to pay half of opposing creditor's costs

The Court of Appeal has ruled that the petitioners to an unsuccessful examinership application must pay 50 per cent of the opposing creditor’s costs in the proceedings.

Court of Appeal in Ireland — 1 June 2021

High Court: Arlene Foster receives £125,000 in damages from celebrity doctor for 'outrageously bad libel'

The High Court has awarded £125,000 to Arlene Foster arising out of a defamation action taken against celebrity doctor Christian Jessen. Giving judgment in the case, Mr Justice Gerry McAlinden stated that it was an “outrageously bad libel” which caused significant upset to the First Minister.

High Court in Northern Ireland — 28 May 2021

High Court: Directing concurrent wrongdoer to disclose other potential wrongdoers does not require proof of wrongdoing

The High Court has considered that there is a jurisdiction to direct the disclosure of the identity of potential third parties against concurrent defendants.

High Court in Ireland — 21 May 2021

High Court: Requirement to show medical 'disorder' for gender recognition certificate held incompatible with ECHR

The High Court has determined that the requirement for an applicant under the Gender Recognition Act 2004 to prove they are suffering from a medical “disorder” was incompatible with the European Convention on Human Rights. The court held that a diagnosis of a disorder was an antiquated notion that was unnecessary and unjustified.

High Court in Northern Ireland — 20 May 2021

High Court: Renewal of summons not justified by bringing application before Statute of Limitations expires

The High Court has set aside the renewal of a personal injuries summons on the grounds that there were no special circumstances to justify the renewal.

High Court in Ireland — 19 May 2021