Case archive

High Court: Personal insolvency arrangement which allows a woman to pay mortgage until age 90 approved by court

The High Court has approved a personal insolvency arrangement which would allow a woman to repay her mortgage until the age of 90. The decision came following an appeal from the Circuit Court, in which the judge was concerned that the PIA would leave the debtor in a precarious position at the end of the arrangement.

High Court in Ireland — 18 May 2021

High Court: Facebook loses challenge to DPC’s draft decision on EU-US data transfers

The High Court has rejected judicial review proceedings brought by Facebook Ireland Limited seeking to quash a preliminary draft decision of the Data Protection Commissioner regarding EU-US data transfers.

High Court in Ireland — 17 May 2021

High Court: DPP restrained from prosecuting assault committed by a 17-year-old due to prosecutorial delay

The High Court has granted an injunction restraining the Director of Public Prosecutions from prosecuting assault charges against a child due to delay. The applicant was 17 years old at the time of the offending but was only charged 15 months after the incident.

High Court in Ireland — 14 May 2021

High Court: Judicial review refused for solicitor who challenged referral to Disciplinary Tribunal for financial irregularities

The High Court in Belfast has refused to grant leave in judicial review proceedings taken by a solicitor who was referred to the independent Solicitors' Disciplinary Tribunal (SDT) for numerous breaches of the Solicitors Accounting Regulations 2014.

High Court in Northern Ireland — 13 May 2021

Court of Appeal: Plaintiff ordered to pay differential costs and appeal costs after damages were reduced by court

The Court of Appeal has made a differential costs order against a plaintiff in personal injuries proceedings after her award was substantially reduced on appeal. Further, the court ordered the plaintiff to pay the defendants’ costs of the appeal as well.

Court of Appeal in Ireland — 12 May 2021

High Court: Extradition application to Poland refused on the basis of abuse of process by authorities

The High Court has refused to extradite a man to Poland in circumstances where the authorities had failed to effect his surrender for more than seven years.

High Court in Ireland — 11 May 2021

High Court: Cork City Council 'exploited and endorsed' unlawful legal costs system in Circuit Court for years

The High Court has imposed a costs order for judicial review proceedings against Cork City Council, the notice party, on the basis that it “actively invoked, exploited and endorsed an unlawful system of taxation of costs” drawn up by the Cork County Registrar.

High Court in Ireland — 10 May 2021

High Court: Judge declines jurisdiction in favour of Hong Kong in shipping dispute

The High Court has acceded to an application brought by a defendant to have a case heard in Hong Kong pursuant to an exclusive jurisdiction clause. The court determined that a sea waybill produced by the defendant was “excellent evidence of contractual terms” and that no proper controverting evidence to the jurisdiction clause had been properly adduced by the plaintiff.

High Court in Ireland — 7 May 2021

Crown Court: Evidence against two paratroopers charged with 1972 killing ruled inadmissible, collapsing murder trial

The Crown Court has determined that interview evidence gathered by the Historical Enquiries Team cannot be used against two paratroopers charged with the murder of Joe McCann in 1972.

Crown Court in Northern Ireland — 6 May 2021

Supreme Court: Admissibility of surveillance audio recordings upheld against convicted IRA members

The Supreme Court has upheld the admissibility of certain surveillance evidence which was used to convict members and associates of the IRA.

Supreme Court in Ireland — 5 May 2021

High Court: Refusal of protection for applicants claiming political violence quashed due to being 'marred by unreasonableness'

The High Court has quashed a decision by the International Protection Appeals Tribunal (IPAT) which refused protection for two Albanian nationals claiming to be the victims of political violence.

High Court in Ireland — 4 May 2021

High Court: Refusal of international protection quashed after Tribunal fails to provide reasons why FGM claims were not credible

The High Court has quashed the refusal of an international protection application brought by a woman who claimed that she would be subjected to female genital mutilation if returned to Sierra Leone. The court determined that the International Protections Appeal Tribunal did not provide adequate reasons when it determined that the applicant was not at risk of FGM and, further, did not have adequate regard to the Country of Origin Information.

High Court in Ireland — 30 April 2021

Court of Appeal: Adducing new arguments on appeal in summary cases only permitted in exceptional circumstances

The Court of Appeal has rejected a defendant’s application to adduce further grounds of appeal relating to the particularisation of the debt in summary judgment proceedings.

Court of Appeal in Ireland — 29 April 2021

High Court: FBD liable to pay publicans for partial closure of premises

The High Court has delivered a further judgment in the landmark FBD case involving publicans claiming insurance cover for losses arising from the pandemic.

High Court in Ireland — 28 April 2021

Court of Appeal: Case arising from 'cash for ash' scandal to be heard this legal term

The Court of Appeal in Northern Ireland has allowed an appeal against a decision by the High Court to adjourn a case arising from the Renewable Heat Initiative (RHI) scheme.

Court of Appeal in Northern Ireland — 27 April 2021