Case Reports

The High Court has refused to grant an injunction to restrain the auction of a “buy to let” property notwithstanding that the receiver did not appear to have a power of sale qua receiver. Delivering judgment for the High Court, Mr Justice Conor Dignam found that the while the adequacy of

The High Court has dismissed a claim by the former employee of a racehorse trainer who injured his back at work, finding that liability could not be established simply because the incident happened on the trainer’s premises and/or while the appellant was working for him. Delivering judgment fo

The Supreme Court has referred two questions concerning the interpretation of Article 35 of the Citizenship Directive to the CJEU in a case involving a fraudulent application for a permanent residence card. Delivering judgment for the Supreme Court, Chief Justice Donal O’Donnell explained that

Northern Ireland’s High Court has quashed a decision by the Department of Infrastructure to proceed with the first phase of the A5 dual carriageway project. Delivering judgment for the High Court, Mr Justice Gerry McAlinden stated that he was aware that his decision would bring “fresh an

The District Court has concluded an 18-month enquiry into the failure on part of Tusla, the Child and Family Agency, to comply with court directions, finding that the agency’s systems relating to the handling of care orders and court directions were not fit for purpose and that the agency had

The Court of Appeal last month re-sentenced former solicitor Michael Lynn in respect of theft offences totalling over €18 million on the basis that the sentencing judge incorrectly handled the issue of credit for time spent on remand in Ireland. Delivering judgment for the Court of Appeal, Mr J

The High Court has declined to make orders for the preservation, production and inspection of electoral documents where the clerk of the Dáil indicated that it would not destroy them in light of a Garda investigation into alleged offences under the Electoral Act 1992. Delivering judgment for

The Court of Appeal has allowed an appeal against a judgment of the High Court which found that the District Court did not err in dismissing a case against a man who operated a taxi service without the licences required by the Taxi Regulation Acts 2013-2016. Delivering judgment for the High Court, M

The High Court has awarded €26,000 in general damages to a Spanish national whose visceral leishmaniasis was diagnosed within three days of admission to a Valencian hospital, but which remained undetected by St James’s Hospital during his 42-day admission there. Delivering judgment for th

The Supreme Court has determined that the compensation under s.53(5) of the Electricity (Supply) Act 1927 can include compensation for the depreciation of the value of an entire land holding where that depreciation is caused by the imposition of the burdensome rights provided for by s.53. Delivering

Northern Ireland’s Court of Appeal has dismissed the appeal of an unsuccessful candidate for a lecturing position at Queen’s University Belfast who repeatedly initiated proceedings alleging racism and discrimination on grounds of ethnicity and religion. Delivering judgment for the Court

The High Court has refused to stay defamation proceedings brought by media lawyer Paul Tweed against two companies responsible for the sale of a book alleged to contain defamatory material. Delivering judgment for the High Court, Mr Justice Anthony Barr confirmed that “the default position is

The Supreme Court has adjusted the ‘Primor’ test for the dismissal of claims for want of prosecution, finding that delay should be judged by reference to Order 122, rule 11 of the Rules of the Superior Courts. Delivering his judgment for the Supreme Court, Chief Justice Donal O’Don

The High Court has dismissed judicial review proceedings taken by a garda accused of entering into an inappropriate sexual relationship with a woman who made a complaint to gardaí of domestic abuse. Delivering judgment for the High Court, Mr Justice Garrett Simons found inter alia that while

The High Court has granted Norwich Pharmacal orders and Bankers Trust orders to a victim of fraud in order to assist the identification of the perpetrators and the tracing of his lost funds. Delivering judgment for the High Court, Mr Justice David Nolan was satisfied that "the court should take a re