Case archive

Court of Appeal: Brother of murdered boy had legitimate expectation independent report into collusion would be completed

The Chief Constable of the PSNI has lost an appeal against the decision that the brother of a 13-year-old boy who was murdered in 1976 had a legitimate expectation that an overarching investigation into collusion would be carried out by an independent police team.

Court of Appeal in Northern Ireland — 8 July 2019

Supreme Court: Property developer wins appeal against summary judgment granted against him

A property developer who was ordered to pay €76K to a firm of solicitors on foot of a summary summons for professional fees owed has successfully appealed the summary judgment granted against him in the High Court in 2013. Finding that the trial judge erred in concluding that two of the issues raised as possible defences to the claim were not arguable defences, Mr Justice Michael Peart allowed the appeal and directed a plenary hearing on the basis of those two issues only.

Supreme Court in Ireland — 5 July 2019

High Court: Arbitrator should have referred ESB’s question regarding double compensation to the High Court

The Electricity Supply Board have been granted an order directing a property arbitrator to state a case on a point of law to the High Court. Finding that the question raised by ESB regarding landowners being “doubly compensated” for the construction of electric lines was a "real and significant issue" of such importance that its resolution was necessary for the proper determination of the case, Mr Justice Michael Twomey said the arbitrator should have referred the point of law to the court.

High Court in Ireland — 4 July 2019

Supreme Court: €100,000 negligence claim against Tallaght Hospital not statute barred

A man who was awarded €96,403 in personal injury proceedings against Tallaght Hospital has had his award upheld by the Supreme Court. The hospital argued that the claim was statute barred in circumstances where the hospital’s omission to carry out a CT scan occurred in 2007, and the personal injury proceedings were commenced in 2012. Delivering the leading judgment of the Court, Mr Justice Peter Charleton said that the limitation period was “delayed in the exceptional circumstances of this plaintiff being given, in good faith and on the basis of a professional assessment, an incorrect set of facts in consequence of taking the reasonable step of consulting expert medical advice” in 2009.

Supreme Court in Ireland — 3 July 2019

High Court: Woman who is alleged to have taken part in serious assault when she was 15 fails to halt criminal proceedings

A woman who was fifteen when she is alleged to have been involved in a violent attack in which a seventeen-year-old boy was stabbed and beaten, has failed to halt the further prosecution of criminal charges pending against her. Finding that there was no culpable or blameworthy prosecutorial delay, Mr Justice Garrett Simons dismissed the judicial review proceedings in their entirety.

High Court in Ireland — 2 July 2019

High Court: Man convicted of sexual assault within a year of moving to Ireland loses challenge to removal order

A man convicted of sexually assaulting a woman who was sleeping at a house party has lost his challenge to the decision taken by the Minister for Justice and Equality to make a removal order against him in addition to imposing on him a five year exclusion period. The man had moved to Ireland in 2005 and committed the assault in 2006, after which he returned to Poland and only came back to Ireland when a European Arrest Warrant was issued against him in 2012. Finding no error with the Minister’s decision, Mr Justice David Keane also rejected the argument that the Regulations were in breach of the man’s right to appeal.

High Court in Ireland — 1 July 2019

High Court: Former INM directors permitted to use affidavits in proceedings against INM

Two former Independent News and Media directors who are pursuing litigation against the company have been granted an order permitting them to use affidavit evidence which had been furnished to them in relation to proceedings between INM and the Director of Corporate Enforcement. Finding, inter alia, that this would not confer a litigation advantage on the applicants, Mr Justice Peter Kelly, President of the High Court said that if the order was not made, discovery applications were inevitable, which would be wasteful of scarce time and resources of the court.

High Court in Ireland — 28 June 2019

High Court: Man who bought a house for his parents in 1996 loses application to throw out his sister’s challenge to 2013 conveyance

A man who entered into an agreement with his parents in 1996 wherein he purchased a house for them through a tenant scheme, has lost his application to strike out proceedings brought against him by his sister.  The man’s sister is seeking to set aside the conveyance of the house to him in 2013 on grounds of undue influence and/or duress. Refusing the application, Mr Justice Garrett Simons said the case could not be decided on the basis of documentation submitted to the court and that the high threshold for striking out proceedings had not been reached.  

High Court in Ireland — 27 June 2019

High Court: Woman who claimed she would face inhuman and degrading treatment in Algeria loses application for judicial review

A woman who was refused refugee status and declared ineligible for subsidiary protection has lost an application for judicial review of an International Protection Appeals Tribunal decision. Finding that the risk of prosecution for “irregular exit” from Algeria did not amount to inhuman and degrading treatment or punishment, Mr Justice David Keane also agreed with the IPAT that there wasn’t a risk of indiscriminate violence in Algeria putting her at risk of serious harm.

High Court in Ireland — 26 June 2019

High Court makes order for return of children who were wrongfully removed from Canada

The High Court has made an order for the return of two children who were wrongfully removed from Canada without their father’s consent in February 2019. Rejecting all of the individual objections raised by the children’s mother, Ms Justice Aileen Donnelly said none of the objections reached the level of grave risk being returned to an intolerable situation and that an order for return was in the children’s best interests.

High Court in Ireland — 25 June 2019

High Court: Convicted murderer who was found with knife and blades in his cell loses application for judicial review

A convicted murderer who was sanctioned upon the discovery of a knife and a bag of razor blades in his cell has lost an application for judicial review of decisions made during the disciplinary process. Refusing the application, Ms Justice Miriam O’Regan found no breach of fair procedure on the part of the Governor or Wheatfield Prison.

High Court in Ireland — 24 June 2019

Workplace Relations Commission: Former hotel receptionist awarded €21k for unfair dismissal

A man who was dismissed via email and met by Gardai when he returned to work the following day has been awarded €21,050 in compensation for unfair dismissal and technical breaches of employment legislation. Finding that the man’s dismissal was procedurally fatally flawed, Adjudication Officer Michael McEntee said the actions of the complainant required a 25% reduction in the award in lieu of his contribution towards the dismissal.

Labour Court in Ireland — 21 June 2019

High Court: Woman who was refused refugee status loses application for judicial review

A woman who claimed to have a well-founded fear of persecution on the ground of her religion if returned to Nigeria has lost her application for judicial review of the decision that she should not be declared a refugee. Upholding, inter alia, the finding that there was adequate state protection available to the woman against the religious cult she claimed would kill her, Mr Justice David Keane found no error in the decision to refuse refugee status.  

High Court in Ireland — 20 June 2019

High Court: Judge refuses to make an order for surrender of man to Poland under European Arrest Warrant

The High Court has refused to grant an order for the surrender of a man to Poland pursuant to a European Arrest Warrant issued in 2018.

High Court in Ireland — 19 June 2019

Court of Appeal: PSNI officers entitled to claim for underpayment of holiday pay from 1998

The Court of Appeal in Belfast has held that PSNI officers can pursue claims for holiday pay from the date of commencement of the Working Time Regulations (NI) 1998, and are not confined to a three-month limitation.

Court of Appeal in Northern Ireland — 18 June 2019