Case archive

Supreme Court: No ‘absolute barrier’ to bringing proceedings concerning the actions of Oireachtas committee

The separation of powers principle does not preclude the courts from considering a case brought by a private individual against members of the Public Accounts Committee, the Supreme Court has ruled.

Supreme Court in Ireland — 28 February 2019

UKSC: No investigation into Pat Finucane's death so far has been Article 2 compliant

The widow of murdered Belfast solicitor Pat Finucane has been granted a declaration that the state has failed to deliver an Article 2 compliant investigation into the death of her husband, who was shot and killed by loyalist paramilitaries in collusion with the UK security forces.

UK Supreme Court in United Kingdom — 27 February 2019

Supreme Court: Guerin loses appeal against declaration that conclusions about Alan Shatter were outside scope of report

Barrister Seán Guerin has lost an appeal against the declarations made in the Court of Appeal, which held that his conclusions about Alan Shatter in the Guerin Report were in breach of fair procedures and outside the scope of the report.

Supreme Court in Ireland — 26 February 2019

High Court: Taxi driver did not have 'absolute duty' towards drunken man who landed under his car during a fight

A man who brought a claim for personal injuries against a taxi driver who drove over his foot has had his claim dismissed in the High Court.

High Court in Ireland — 25 February 2019

Supreme Court: Former bank executive loses appeal against conviction for conspiracy to defraud

The former chief executive of Irish Life & Permanent, who was found guilty of conspiracy to defraud, has lost an appeal against his conviction.

Supreme Court in Ireland — 22 February 2019

High Court: Personal Insolvency Practitioners not required to 'work miracles' to protect principal residences

The definition of secured debt advanced by a Personal Insolvency Practitioner in the High Court clearly did not work when read in the context of the Insolvency Act 2012 as a whole.

High Court in Ireland — 21 February 2019

High Court: Woman injured by closing lift doors loses claim against her employer

A woman who was hit on the head by closing lift doors at her work premises, has lost her claim for damages as it was concluded that the incident was caused by her own negligence.

High Court in Ireland — 20 February 2019

High Court: Decision to amend waste discharge licence was ultra vires the powers of the Environmental Protection Agency

An environmental activist has been granted a declaration that the Environmental Protection Agency acted ultra vires its powers in 2017 when it granted Irish Water a technical amendment to a licence granted in 2012, which effectively allowed it to regularise ongoing breaches to the licence conditions.

High Court in Ireland — 19 February 2019

High Court: Damages for mental distress caused by wrongful death to be paid to surviving dependant only

Damages for mental distress in a case brought by the statutory dependants of a woman who died as a result of alleged negligence must be paid only to the sole surviving dependant in circumstances where the second dependant died since the proceedings commenced.

High Court in Ireland — 18 February 2019

High Court: Financial services company alleging pressure to mis-sell financial products granted injunction against EBS

A financial services company alleging that a Termination Notice of its Tied Agency Agreements with EBS was as a result of its refusal to succumb to “pressure” from EBS to “mis-sell financial products”, has been granted an injunction in the High Court.

High Court in Ireland — 15 February 2019

High Court: Man loses claim to the proceeds of his son’s unassigned mortgage protection policy

A man who argued that a resulting or constructive trust arose due to his payment of his son’s premium for a mortgage protection policy, which remained unassigned after the property they bought together was re-mortgaged, has lost his claim against his son’s estate.

High Court in Ireland — 14 February 2019

High Court: Accused was lawfully detained when giving urine sample two hours after drunk driving arrest

The lawfulness of a man’s detention was referred to the High Court by way of case stated, after a complaint was made regarding the two-hour delay in a doctor arriving at the Garda station for the purposes of taking a sample of urine.

High Court in Ireland — 13 February 2019

Labour Court: Nurses' strike called off after recommendation of enhanced salary scale

The nurses strike has been suspended following intervention by the Labour Court, which investigated the dispute in the exercise of its statutory powers under the Industrial Relations Act 1990.

Labour Court in Ireland — 12 February 2019

High Court: Application for third-party discovery of documents held by the Police Ombudsman is refused

An application for third-party discovery pursuant to section 32 of the Administration of Justice Act 1970 of documents held by the Police Ombudsman of Northern Ireland has been refused in the High Court in Belfast.

High Court in Northern Ireland — 11 February 2019

High Court: Garda awarded over €40,000 for finger broken by violent detainee

A member of An Garda Síochána has been awarded over €40,000 in damages for an injury to his finger caused by a detainee who became violent while being photographed and fingerprinted.

High Court in Ireland — 8 February 2019