Case archive

Court of Appeal: Man convicted of robbing escorts in two separate incidents has sentence reduced

A man who falsely imprisoned and robbed an escort in a hotel in Cork has had his sentence reduced from eight years to one of six years imprisonment. At the time of his sentencing, the man, who had carried out the offence along with the accomplice, was already serving a five-year sentence for a similar attack carried out at a hotel in Ennis.

9 January 2017

High Court: Tenants ordered to vacate properties in receivership entitled to challenge constitutionality of Circuit Court order

Tenants of a number of properties in receivership have been successful in the High Court where they sought the Digital Audio Recording of proceedings in Naas Circuit Court, which had ordered that they vacate properties in Kildare. The tenants’ alleged that the order made was unconstitutional as it had not been heard in open court and that the recordings would reflect this.

6 January 2017

High Court: Man who converted van to motor vehicle entitled to lower excise duty

A man who converted his passenger van into a motor vehicle has been successful in the High Court, overturning a finding by the Revenue Commissioners that his vehicle had not been significantly changed from its pre-conversion state and therefore remained subject to a higher excise tax under the Finance Act 1992.

5 January 2017

Cohabiting partners not entitled to spousal bereavement benefits

A mother-of-four, who was refused bereavement benefits upon the death of her cohabiting partner of 23 years, has had her application for judicial review dismissed by the Northern Ireland Court of Appeal.

4 January 2017

Court of Appeal: 81-year-old woman must satisfy €1m guarantee in respect of son’s loan

An order of the High Court granting the Bank of Ireland a summary judgment for €1 million against an 81-year-old woman who stood as guarantor for loans paid to her son's company has been upheld by the Court of Appeal.

23 December 2016

CJEU: Advocate General Bobek proposes broader access to court documents

Court documents should be more readily accessible, an Advocate General of the Court of Justice of the European Union has proposed.

23 December 2016

Legal criteria for opposing collective redundancies cannot be general and imprecise

EU law does not, in principle, prevent a member state from opposing collective redundancies in certain circumstances in the interests of the protection of workers and of employment. However, under such national legislation, which must in that case seek to reconcile and strike a fair balance between, on the one hand, the protection of workers and of employment and, on the other, employers’ freedom of establishment and their freedom to conduct a business, the legal criteria which the competent authority is to apply in order to be able to oppose projected collective redundancies cannot be formulated in general and imprecise terms.

23 December 2016

Supreme Court: Denial of education can establish fear of persecution and ground for refugee status

Discrimination resulting in the denial of a basic education is a sufficiently severe violation of basic human rights so as to amount in law to persecution, the Supreme Court has found.

22 December 2016

Ireland ordered to recover sums from airlines over unlawful state aid

Ireland must recover the sum of €8 per passenger from airlines benefiting from unlawful state aid because the difference between the lower and normal rates of the Irish air travel tax constitutes unlawful aid which must be recovered regardless of the benefit the airlines actually derived from the aid, the Court of Justice of the European Union (CJEU) has ruled.

22 December 2016

Court of Appeal dismisses challenge to sentence brought by man convicted of abusing his younger sister

A 39-year-old man given a five-year sentence following his conviction for sexual assault of his younger sister over a period of six years in the 1990s has failed in his challenge to the severity of his sentence in the Court of Appeal.

21 December 2016

Indiscriminate retention of data precluded under EU law, Luxembourg rules

EU law precludes national legislation that prescribes general and indiscriminate retention of data except in the fight against serious crime, the Court of Justice of the European Union has ruled.

21 December 2016

Request for review of introduction of Monsanto soybeans into EU dismissed

A Commission decision to dismiss a request for review of a market authorisation decision on products containing genetically modified soybeans has been backed by the General Court because the parties making the request failed to refute the Commission’s findings that: 1) there are no significant differences between the genetically modified soybean and conventional soybean; 2) the potentially toxicological effects of the genetically modified soybean were correctly assessed; and 3) it is unlikely that the newly expressed proteins of the genetically modified soybean are allergenic for infants.

21 December 2016

Woman who tripped at Dublin Airport has negligence claim overturned by Court of Appeal

A woman who tripped on the steps of an air bridge as she disembarked from a flight arriving at Dublin Airport has seen her negligence claim against the Dublin Airport Authority overturned by the Court of Appeal.

20 December 2016

Supreme Court dismisses TD's appeal over €31 billion promissory notes

The Supreme Court has dismissed the appeal brought by Independent TD Ms Joan Collins, who challenged the constitutional basis for €31 billion in promissory notes granted to financial institutions without a Dáil vote.

19 December 2016

Supreme Court: Man acquitted of burglary and arson must be retried

Granting an appeal brought by the Director of Public Prosecutions, the Supreme Court has ordered the retrial of a man who had previously been acquitted of burglary and arson in Dublin Circuit Criminal Court.

16 December 2016