Case archive

Grand Chamber unanimously holds that murderer's article 3 right was violated over release prospects

The European Court of Human Rights has held, unanimously, that there was a violation of article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights in the case of convicted murderer, James Clifton Murray who complained he was serving a life sentence without any realistic prospect of release (the principal facts and earlier procedure are available here).

27 April 2016

Sentence for possession of explosives deemed neither manifestly excessive nor wrong

Northern Ireland's Court of Appeal has upheld a sentence given by the Crown Court in respect of a man who had been found in possession of components of a pipe bomb in January 2014.

26 April 2016

Strasbourg rules unanimously that Russian protesters' article 10 rights were violated

The European Court of Human Rights has unanimously held that there was a violation of article 10 (freedom of expression) of the European Convention on Human Rights in respect of five applicants who lodged separate complaints about the Russian authorities’ response to demonstrations held by each of them.

26 April 2016

Court of Appeal finds re-trial in case of unsound pathology evidence would be unfair

The Court of Appeal has upheld a decision of the High Court to restrain the Director of Public Prosecutions from holding a re-trial of Michael Furlong for the murder of Patrick Connors in April 2011.

25 April 2016

Minister of Health correct person to decide on gay blood ban

The Court of Appeal has overturned a High Court decision in which it was found that the decision of the Minister for Health not to alter the lifetime ban on males who have sex with other males (“MSM”) was irrational and infected with apparent bias.

22 April 2016

Third time lucky: General Court confirms Commission decision over alumnia tax repayments

of the formal investigation procedure and, on the other, the aid schemes had not been notified to the Commission in any way.

22 April 2016

High Court dismisses Garda challenge to disciplinary proceedings

and/or progression of the disciplinary proceedings.

21 April 2016

Court of Appeal finds judge’s decision in Galway Motor Rally case 'perverse'

The Court of Appeal has set aside an order of the High Court in relation to an accident which left a man requiring to have his leg amputated, finding that the trial judge’s assessment of the damages was “perverse”.

20 April 2016

Algerian national's detention pending deportation decision was not unlawful, rules UKSC

The detention of an Algerian national who acquired permanent residence in 2003 and 28 criminal convictions by 2012, pending a decision to deport him, was not unlawful, the Supreme Court has ruled as it additionally declined to make a preliminary reference to the Court of Justice of the European Union (CJEU).

20 April 2016

Court of Appeal upholds High Court will construction in bequeathed land used for garden

The Court of Appeal has upheld the High Court’s construction of a will, following a dispute between the will’s executor and his nephew over the use of land as a garden.

19 April 2016

Grand Chamber to deliver judgment on murderer’s complaint about sentence

The European Court of Human Rights will be delivering a Grand Chamber judgment in the case of Murray v the Netherlands at a public hearing on 26 April.

19 April 2016

High Court upholds FSO decision in money withdrawal dispute

The High Court has upheld a decision by the Financial Services Ombudsman to dismiss a complaint brought by a couple who claimed their bank had lost €9,418 of their money.

18 April 2016

Trial judge decision not to give corroboration warning in sexual assault case upheld

The Court of Appeal has upheld a trial judge’s decision not to give the jury a corroboration warning in a sexual assault case, noting that mandatory corroboration warnings have been abolished, and an appeal judge should only intervene when the decision was made on an incorrect legal basis or was clearly wrong in fact.

15 April 2016

High Court finds video-taping strip searches has no basis in law

The High Court has allowed an application for judicial review of the Northern Ireland Prison Service’s policy to video-tape strip searches by force and retain the video for six years, finding that such a policy had no basis in law.

14 April 2016

High Court declines to order security for costs in misfeasance case against FÁS

The High Court has declined to make an order requiring Euro Safety & Training Services to pay several hundred thousand euros upfront by way of security for the costs of proceedings brought against An Foras Áiseanna Saothair (FÁS), finding that the case was of public interests due to allegations of misfeasance in public office.

13 April 2016