Case Reports

Jonathan Cope examines a High Court ruling which brings clarity to the consequences for non-payment in construction contracts. For many years, Irish construction lawyers and adjudicators have debated a deceptively simple question: what happens when a payer does not respond to a payment claim?

The High Court has made orders in respect of maintenance arrears, contents division and for the appointment of a property management agency following alleged breaches of divorce settlement terms. Delivering judgment for the High Court, Ms Justice Nuala Jackson remarked that “court time and res

The High Court has determined that the failure of the Civil Service Spouses’ and Children’s Contributory Pension Scheme to provide an unmarried cohabitee with a spouses’ pension is incompatible with Article 40.1 of the Constitution. Delivering judgment for the High Court, Mr Justic

The High Court, on appeal from the Circuit Court, has remitted a possession case to plenary hearing where Pepper Finance could not establish that it was the owner of the underlying debt due to redactions to the relevant deed of transfer. Delivering judgment for the High Court, Mr Justice Garrett Sim

The High Court has determined that Sky is not in compliance with law mandating the provision of certain information to its customers at the end of their commitment periods. Delivering judgment for the High Court, Ms Justice Eileen Roberts explained: “The reality is that whether or not the cont

The High Court has indicated that an order for sale will be the only way to break an impasse between siblings in a dispute over valuable Foxrock residential property. Delivering judgment for the High Court, Mr Justice Rory Mulcahy explained: “Absent an order directing that the Property be sold

The Court of Appeal has determined that a technical point in a clamping case met the threshold of arguability for the purposes of granting leave to bring judicial review. Delivering the leading judgment for the Court of Appeal in December, Ms Justice Niamh Hyland was not persuaded that the law is so

The High Court has confirmed the decision of the Medical Council to cancel the registration of a doctor who attempted to poison his mother’s partner whilst in disguise as a community nurse. Delivering judgment for the High Court in December, Mr Justice David Barniville opined that in the &ldqu

The Supreme Court has analysed the test for the renewal of summonses and has clarified the position in relation to service outside of the jurisdiction in cases where there are multiple defendants. Delivering judgment for the Supreme Court, Mr Justice Séamus Woulfe opined that the Court of App

Northern Ireland’s Court of Appeal has allowed an appeal against a decision of the Parole Commissioners for Northern Ireland to direct the release of a prisoner on licence. Delivering judgment for the Court of Appeal of Northern Ireland, Mr Justice Adrian Colton explained: “What is not l

The UK Supreme Court has upheld an appeal against judgments of the High Court and Court of Appeal in relation to the disclosure in a Troubles-related inquest of “gists” of sensitive information over which public interest immunity was claimed. Delivering judgment for the UK Supreme Court,

The High Court has granted orders permitting the withdrawal of life-sustaining treatment and active supportive care from a woman who suffered hypoxic brain injury following cardiac arrest. Delivering judgment for the High Court, Mr Justice David Barniville explained: "The court must take into accoun

The High Court has opined upon the costs landscape in the context of a personal injuries action which was unsuccessful both at trial and on appeal. Delivering judgment for the High Court, Mr Justice Michael Twomey opined: "Instead of justice being administered to Ms Putniene, in this court’s v

The High Court has awarded damages, including exemplary damages, to two men who were attacked by a farmer with a shotgun in Co Donegal. Delivering judgment for the High Court in November, Ms Justice Leonie Reynolds considered that the defendant’s conduct had been “reprehensible in every

The High Court has struck out an appeal launched in 2003 against an order for possession of a property in Inchicore, Dublin. Delivering judgment for the High Court, Mr Justice Anthony Barr remarked: “To permit an appeal to proceed in 2025 when the notice of appeal was served in 2003 and when t