Case archive

England: Teenage cancer victim wins landmark court case over dying wish to be cryogenically frozen

of third parties. The body must be prepared within a very short time of death, ideally within minutes and at most within a few hours. Arrangements then have to be made for it to be transported by a registered funeral director to the premises in the United States where it is to be stored.

18 November 2016

NI: PSNI not obligated to return legal highs seized before enactment of Psychoactive Substances Act 2016

The Court of Appeal in Northern Ireland has ruled against a man who had a quantity of 63 tablets known as legal highs seized by the police in 2014 and sought their return under the Police (Northern Ireland) Act 1998.

17 November 2016

Article 8: Iraqi national’s appeal against Court of Appeal decision to remit appeal to Upper Tribunal dismissed

An Iraqi national facing deportation who appealed against a decision of the Court of Appeal to remit an appeal to the Upper Tribunal has had his appeal dismissed by judges in the UK Supreme Court on the basis the Upper Tribunal failed to take into account the Immigration Rules and his immigration status when he formed a relationship with his partner.

17 November 2016

High Court: Carer awarded €0.5m for injuries sustained in road traffic accident

A woman who was crashed into as she drove home from her job as a carer has been awarded €493,786 in the High Court.

16 November 2016

Exclusion of police candidate based on age compatible with EU law

in the competition was that candidates should be under 35 years of age. In the view of M. Salaberria Sorondo, who was more than 35 years old when he participated in the competition, there were no reasonable grounds for the age limit imposed by the notice restricting access to the public service.

16 November 2016

Tunisian criminal's article 8 appeal against deportation dismissed

A Tunisian man has had his article 8 appeal against a deportation order unanimously dismissed by judges in the Supreme Court because the material available to the Home Secretary could admit of no conclusion other than it was unlikely in the extreme that he would develop a relationship with his children.

16 November 2016

Man who raped mother loses appeal in the Supreme Court

A man convicted of raping his mother has had his appeal dismissed by judges in the Supreme Court, who ruled that the trial judge’s directions to the jury in the rape trial had broadened the defence available to the accused rapist beyond what the law proscribed.

15 November 2016

Advocate General Szpunar: Phonecall to after-sales number must not exceed cost of standard call

The cost of a call to an after-sales telephone number must not exceed the cost of a standard call, according to an Advocate General of the Court of Justice of the European Union.

15 November 2016

Alan Shatter successful in Court of Appeal case on critical Guerin report

The Court of Appeal has ruled that the Guerin Report into the handling of allegations of Garda misconduct contained conclusions that that were damaging to the former Minister for Justice and Equality, Mr Alan Shatter, and that the defective procedure adopted in publishing the report amounted to a breach of Mr Shatter’s constitutional rights.

14 November 2016

Luxembourg: Where lending of e-books is treated akin to traditional books, the public lending exception applies

The lending of an electronic book (e-book) may, under certain conditions, be treated in the same way as the lending of a traditional book. In such a situation, the public lending exception, which provides inter alia for the fair remuneration of authors, is applicable, the Court of Justice of the European Union has ruled.

14 November 2016

High Court’s order for specific performance of 2006 contract for the purchase of property upheld by Court of Appeal

In the Court of Appeal, the purchaser of a commercial unit lost his appeal against a High Court order for specific performance of a contract for the purchase of a commercial unit.

11 November 2016

Solved: Rubik's Cube shape is not EU trademark, rules Luxembourg

The Rubik’s Cube shape is not an EU trademark and its non-visible functional elements including its rotating ability should have been considered when it was registered, the Court of Justice of the European Union (CJEU) has ruled.

11 November 2016

Gross and inordinate delay in the inquest into 1992 RUC killing made it impossible for Coroner to reach conclusions

Sitting as a Coroner at the inquest into the death of a 22-year-old man in 1992, Mr Justice Horner said it was impossible with the passage to time to say with any certainty what happened.

10 November 2016

High Court: Dublin shop manager awarded €47,200 after slipping at work

The High Court has awarded a sum of €47,200 to a Dublin shop manager who was injured after slipping at work.

9 November 2016

UKSC: Mixed results for ‘bedroom tax’ challenge

Social housing sector tenants who challenged the so called “bedroom tax” have received a mixed outcome at the UK Supreme Court.

9 November 2016