Case archive

Supreme Court: Test for security for costs refined as Quinn Insurance ordered to cover €30m legal bill

The Supreme Court has ordered Quinn Insurance Limited to provide security for costs to PricewaterhouseCoopers, whose legal bill stands at €30 million in the long-running dispute. In reaching this decision, the court reiterated the proper approach to security for costs (SFC) applications and outlined a new limb to the legal test.

Supreme Court in Ireland — 24 March 2021

High Court: Medical negligence claim arising from IVF treatment rejected

The High Court has rejected a medical negligence action arising from the provision of IVF fertility treatment to a woman. The plaintiff had alleged that the defendants had failed to properly identify a fibroid in her uterus, which caused a number of unsuccessful and painful IVF procedures.

High Court in Ireland — 23 March 2021

High Court: Defendant successfully argues that accident report form is covered by litigation privilege

The High Court has determined that an accident report form compiled by a defendant to a personal injuries claim was not discoverable due to litigation privilege.

High Court in Ireland — 22 March 2021

Supreme Court: Test for adducing new evidence/argument on appeal in summary cases confirmed

The Supreme Court has confirmed the proper legal test when an appellate court is considering admitting new evidence or argument on appeal. Delivering the judgment in the case, Mr Justice John MacMenamin held that a more flexible approach needs to be taken by an appellate court when considering new issues in an appeal of a summary matter.

Supreme Court in Ireland — 19 March 2021

Court of Appeal: Sentence reduced for defendant after “clear indication” of leniency by judge at earlier hearing

The Court of Appeal has reduced the sentence for a man found guilty of robbery and vehicle theft after the sentencing judge gave a “clear indication” that he would issue a lenient sentence if the man continued his rehabilitation. Giving judgment in the case, Mr Justice Seamus Woulfe reduced the four-year custodial sentence by suspending the final two years.

Court of Appeal in Ireland — 18 March 2021

Court of Appeal: Defendant must make discovery of price paid to NALM for plaintiff’s loans

The Court of Appeal has ordered that a defendant in an unjust enrichment claim must make discovery of the price paid to National Asset Loan Management Limited for the plaintiff’s loans. The court determined that the purchase price was a relevant and necessary piece of information to the proceedings and determined that the High Court had erred by refusing the category.

Court of Appeal in Ireland — 16 March 2021

High Court: Judge refuses application to determine EU law points in planning case after quashing decision on domestic law grounds

The High Court has refused an “innovative motion” to decide EU law points in a planning application despite the court already having quashed the decision on domestic law grounds. In Balscadden Road SAA Residents Association Ltd. v. An Bord Pleanála (No. 1) [2020] IEHC 586, the court upheld a challenge to planning permission for a series of apartments in Howth, Dublin 13 but did not definitively determine any of the points of EU law points raised in the case.

High Court in Ireland — 15 March 2021

High Court: Inherent jurisdiction may be used to remand person awaiting hearing for revocation of suspended sentence

The High Court has rejected an applicant’s submissions that he was unlawfully remanded in custody by a Circuit Court judge for a hearing to revoke a suspended sentence. The court considered the terms of s.99(17) of the Criminal Justice Act 2006 as amended and ruled that a court has an inherent power to remand an individual in custody pending the hearing.

High Court in Ireland — 12 March 2021

High Court: Court quashes Minister’s refusal to consider non-EU person’s employment permit due to his immigration status

The High Court has granted an order of certiorari against the Minister for Business, Enterprise and Innovation’s refusal to consider an employment permit application for a non-EU national. The key question in the case was whether the applicant was entitled to be considered for an employment permit when he already had a work permit due to his former wife’s status as an EU national.

High Court in Ireland — 11 March 2021

Court of Appeal: Minister for Education loses appeal against providing calculated grades for home-schooled students

The Court of Appeal has rejected an appeal brought by the Minister for Education that she had acted unlawfully by refusing to assess two home-schooled students for calculated grades during the 2020 Leaving Certificate. The court held that it was unreasonable and disproportionate for the Minister to exclude the students from the scheme in the manner that occurred.

Court of Appeal in Ireland — 10 March 2021

High Court: Invalid protective certificate prevents debtor from bringing a further personal insolvency application within 12 months

The High Court has ruled that an insolvent debtor was not entitled to a new protective certificate under the Personal Insolvency Acts 2012-2015 after he had benefitted from an invalid protective certificate within the previous 12 months. It was claimed by the debtor that the impugned certificate was invalid from inception, and therefore did not count in the general 12-month rule against of a further application.

High Court in Ireland — 9 March 2021

Court of Appeal: Damages increased to €372,000 for psychological injuries caused in car accident

The Court of Appeal has increased the award of damages for a plaintiff who was hit by a car to €372,000. The plaintiff had appealed the decision of the High Court, which had awarded her with €265,000 after it was determined that she was 45 percent liable for the accident.

Court of Appeal in Ireland — 8 March 2021

Court of Appeal: Challenge to Covid-19 restrictions 'singularly failed to raise issues of substance'

The Court of Appeal has upheld a High Court decision to refuse leave in judicial review proceedings which challenged the constitutionality of the Covid-19 lockdown in Ireland. The court was highly critical of the case made by the appellants, stating that the proceedings were “tendentious” and “singularly failed to raise issues of substance”.

Court of Appeal in Ireland — 5 March 2021

High Court: Healthcare trust acted lawfully after reducing care levels for profoundly disabled persons during pandemic

The High Court has determined that a Health and Care Trust did not act unlawfully after it reduced the level of social care to two profoundly disabled adults due to the effects of the Covid-19 pandemic.

High Court in Northern Ireland — 4 March 2021

High Court: Student fails to overturn calculated grades from the 2020 Leaving Certificate

The High Court has refused an application for judicial review brought by a student who sought to challenge his results from the 2020 Leaving Certificate. The student had been downgraded from the predicted results provided by his teachers and he claimed that he had missed his preferred course in university.

High Court in Ireland — 3 March 2021