Case archive

High Court: Plaintiff’s action struck out for 'wholesale failure' to comply with court order

The High Court has struck out a plaintiff’s action for damages arising from the sale of a property for failing to comply with a court order. The court said that the plaintiff simply ignored the court order and that it was proportionate in all the circumstances to dismiss the action.

High Court in Ireland — 27 January 2021

Court of Appeal: €56,000 damages award overturned for woman scalded by hot water from shattered jug

The Court of Appeal has overturned a personal injuries award for a woman who was scalded by hot water after trying to make tea in a glass jug from Dunnes Stores. In the High Court, the plaintiff was awarded €56,000 after the trial judge held that the jug should have had a label to warn users not to place very hot water in the jug.

Court of Appeal in Ireland — 22 January 2021

Court of Appeal: Defendant 'blindsided' bank with submissions and must pay half costs of the hearing

The Court of Appeal has upheld a defendant’s appeal in part and remitted summary proceedings to the High Court to allow a bank to amend its summons with proper particulars of the debt, in line with the Supreme Court ruling in Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84. However, the defendant was required to pay 50 per cent of the bank’s costs for the hearing because the defendant failed to raise the O’Malley point in her notice of appeal.

Court of Appeal in Ireland — 21 January 2021

High Court: Fair question to be tried in case concerning charge over lands

The High Court has found that a couple have established that there is a fair question to be tried as to the correct interpretation of a charge over their lands.

High Court in Ireland — 20 January 2021

Court of Appeal: Period of disqualification for dangerous driving causing life-changing injuries to small child reduced

The Court of Appeal has upheld a six-year sentence, with the final two suspended, handed down to a juvenile for dangerous driving that left a two-year-old with life-changing injuries. The judges adjusted another sentence handed down, and reduced the period of disqualification.

Court of Appeal in Ireland — 19 January 2021

Court of Appeal: plaintiff only needs to show evidence of 'special circumstances' to justify renewal of summons

The Court of Appeal has dismissed an appeal against the renewal of a personal injuries summons and has confirmed the proper legal test for the renewal of a summons under the recent amendment to Order 8 of the Superior Court Rules in 2018. In a High Court application to renew a summons, it will be sufficient for a party to show “special circumstances” to justify the renewal, the court said.

Court of Appeal in Ireland — 18 January 2021

High Court: Summary judgment granted against defendant despite counterclaim for damages

The High Court has granted summary judgment summary judgment against a defendant despite the defendant asserting a counterclaim for damages for breach of contract. The court described the defendant’s claim as “simply too vague” to stay the judgment and ordered that the defendant pay €125,600 including interest to the plaintiff.

High Court in Ireland — 15 January 2021

High Court: Renewed application for leave to apply for judicial review refused

The High Court has refused a renewed application for leave to apply for judicial review by a man, Dermot O’Callaghan, representing himself, who made the application by way of a written application submitted to the Central Office of the High Court. He is currently detained in Mountjoy Prison.

High Court in Ireland — 14 January 2021

Court of Appeal: Certiorari order upheld in residence card case

The Court of Appeal has upheld the judgment of the High Court granting certiorari of refusal of a residence card.

Court of Appeal in Ireland — 13 January 2021

High Court: Court opines that costs of interlocutory application follow the event

The High Court has found that two plaintiffs are entitled to the costs of an interlocutory application. However, as there is ongoing litigation between the parties, the judge held that they would hear submissions, and was prepared to stay the execution of that order pending the trial.

High Court in Ireland — 12 January 2021

High Court: Full costs awarded to partially successful applicants in judicial review proceedings

The High Court has granted an order for full costs despite the applicants only being partially successful in their judicial review proceedings. The court considered the case to be one of “general public importance”, raising significant issues regarding journalistic privilege and freedom of expression.

High Court in Ireland — 11 January 2021

Court of Appeal: Rapist loses appeal against use of 'recent complaint' evidence in trial

The Court of Appeal has dismissed an appeal against a rape conviction in which the defendant claimed that the trial judge had erred by allowing more than one “recent complaint” witness.

Court of Appeal in Ireland — 8 January 2021

High Court: Variance of barring order refused

In an “unhappy case in which a family has relocated from a non-EU/EEA state to Ireland, where things have not gone well thus far”, the High Court has held that it is not within its jurisdiction to vary a barring order ordered by the District Court in the manner sought by the man subject to the order.

High Court in Ireland — 7 January 2021

High Court: Costs may be awarded against a regulator in professional disciplinary proceedings

The High Court has held that the general “costs follow the event” rule applies in regulatory disciplinary matters which come before the courts.

High Court in Ireland — 6 January 2021

High Court: Ryanair ordered to pay costs of unsuccessful coronavirus challenge

The High Court has ordered that Ryanair must pay the State’s fees in its unsuccessful challenge of the legality of the Government of Ireland’s coronavirus travel advice.

High Court in Ireland — 5 January 2021