Case Reports

The Supreme Court has determined that the Court of Appeal erred in directing a retrial on an indictment which had subsequently been amended by the Special Criminal Court at trial. Delivering judgment for the Supreme Court, Ms Justice Aileen Donnelly explained that “the jurisdiction of the Cour

The Supreme Court has granted leave to appeal on the proper construction of a standard interest variation clause in Bank of Ireland commercial loan agreements. Granting leave to appeal, the Supreme Court determined: “Given that this is a standard term, it remains important to construe the rang

The High Court has dismissed the claim of a RCSI student who suffered personal injuries while indoor wall climbing at a facility in Sandyford. Delivering judgment for the High Court, Mr Justice Paul Coffey expressed that while the court had “every sympathy for the plaintiff”, the plainti

The High Court has refused to extend time for the widow of a deceased man to bring defamation proceedings against parties including the HSE, the Mater Hospital and two medical professionals. Delivering judgment for the High Court, Ms Justice Siobhán Phelan explained that “the Deceased w

The High Court has determined that Enoch Burke was lawfully transferred from Mountjoy to Castlerea Prison. Delivering judgment for the High Court, Mr Justice Brian Cregan determined that the transfer occurred for reasons which were neither arbitrary, capricious nor unjust and reiterated that “

The Court of Appeal has dismissed an appeal against the refusal of the High Court to strike out a land dispute for delay, notwithstanding very significant delays in the proceedings. Delivering judgment for the Court of Appeal, Ms Justice Niamh Hyland determined that “despite the very great del

The Court of Appeal has upheld the decisions of the High Court finding that Ireland is the most appropriate forum for hearing Declan Ganley’s defamation proceedings and refusing to strike out the proceedings against two defendants. Delivering judgment for the Court of Appeal, Mr Justice Denis

Northern Ireland’s Court of Appeal has upheld orders of the High Court quashing decisions providing for the early release on licence of Robert Clarke. Delivering judgment for the Court of Appeal, Lord Justice Adrian Colton explained: “It would be an absurdity for a declaration of eligibi

In its first written judgment on the application of s.50 of the Land and Conveyancing Law Reform Act 2009, the High Court has granted orders discharging a restrictive covenant over a plot of land in Co Limerick. Delivering judgment for the High Court, Mr Justice David Nolan concluded: “In my o

The High Court has set aside an order granting leave to serve proceedings outside of the jurisdiction in circumstances where the moving party had failed to disclose that it was litigating proceedings concerning the same dispute in Tripoli. Delivering judgment for the High Court, Mr Justice David Nol

The High Court has refused to grant leave to challenge a decision of the Ombudsman upholding a refusal of civil legal aid by the Legal Aid Board. Delivering judgment for the High Court, Mr Justice Anthony Barr determined that the applicant had not made out an arguable or stateable case that the resp

The High Court has imposed sentences of two weeks’ imprisonment on Martina and Ammi Burke for contempt of court. Delivering judgment for the High Court, Mr Justice Brian Cregan opined: "Mrs Burke and Ms Burke — just like their brother Enoch — are not exceptional. They are just exce

The High Court last month struck out Enoch Burke’s proceedings against members of a Disciplinary Appeals Panel involved in the hearing of his appeal against his dismissal from his teaching role, in circumstances where the proceedings were rendered moot. Delivering judgment for the High Court,

The High Court has disallowed the DPP’s appeal against the acquittal of a man found in possession of cocaine pursuant to an illegal search. Delivering judgment for the High Court, Mr Justice Micheál P. O’Higgins highlighted that the issue of statutory interpretation arising in the

The High Court has dismissed the claim of a dental assistant who suffered personal injuries when she tripped over a vacuum cleaner at work. Delivering judgment for the High Court, Mr Justice Anthony Barr observed: “It is always possible to come up with steps that can be taken to eradicate any