Case archive

CJEU: Increase in bank share capital without shareholders' agreement competent during economic disturbance

EU law does not preclude an increase in the share capital of a bank without the agreement of the general meeting of the shareholders in a situation where there is a serious disturbance of the economy and the financial system of a member state, the Court of Justice of the European Union (CJEU) has ruled.

9 November 2016

Court of Appeal awards rapist €17,225 in damages for assault by prison officers in Castlerea Prison

A three-judge Court of Appeal has awarded a convicted rapist €17,225 after he sued the State for assault, negligence and breach of constitutional rights arising from an assault while he was a prisoner in Castlerea Prison. Overturning the finding of a High Court jury that had initially awarded the man €225, Mr Justice Gerard Hogan stated that it was “very difficult to avoid the conclusion that some of the witnesses tendered by the State told lies… in the course of their evidence”.

8 November 2016

Court of Appeal: DPP wrong to argue that man found unfit to be tried must be committed to mental hospital

The Court of Appeal has rejected two complaints from the Director of Public Prosecutions regarding a finding by the Central Criminal Court that an accused rapist was unfit to be tried. Rejecting the argument that the man should have been committed to the Central Mental Hospital; Justice Edwards stated that the Criminal Court judge was not empowered to do so, and that medical expert witnesses had advised against it in any case.

7 November 2016

High Court: Man not entitled to Garda search warrant information due to informer privilege

The High Court has refused a man’s application to access sworn information related to a search warrant on his premise. The sworn information sought by the man contained such facts as would permit the identification of confidential informants, and after weighing the public interest in producing evidence against the risk to informants, Mr Justice David Keane found that the man was not entitled to the information.

4 November 2016

High Court refuses HSE’s application to force pregnant woman to have a caesarean section

The High Court has dismissed an application brought by the Irish Health Service Executive for an order to force a pregnant woman to have a caesarean section against her will, in order to vindicate the right to life of her unborn child.

3 November 2016

Court of Appeal: Case against solicitors firm dismissed as man failed to prove professional negligence

The Court of Appeal has dismissed a case against a solicitors' firm, brought by a man who was dissatisfied with the personal injury award he received over 15 years ago.

2 November 2016

Applications challenging Brexit rejected in Belfast High Court

In the High Court in Belfast, Justice Maguire dismissed two judicial review challenges in Northern Ireland to the way the Government intends to invoke Article 50 of the Treaty on European Union to trigger withdrawal from the EU.

1 November 2016

ECJ: State aid validity extension to be deemed new aid

The extension of the period of validity of existing state aid must be regarded as the alteration of that aid and, therefore, as new aid, the Court of Justice of the Europen Union has held.

1 November 2016

Supreme Court: NI fishing vessels cannot fish or harvest mussel seed in State waters

In a unanimous decision, the Supreme Court has held that Northern Ireland fishing vessels cannot legally fish or harvest mussel seed in the territorial waters of the State.

28 October 2016

Court of Appeal reduces sentence of drunk driver convicted of causing death by dangerous driving

A drunk driver has successfully appealed against the severity of the sentence imposed upon him for causing the death of a four-year-old boy and causing serious injuries to the boy’s mother in 2014.

27 October 2016

Court of Appeal directs joint enterprise cases to the Criminal Cases Review Commission

The Northern Ireland Court of Appeal (NICA) refused to re-open the appeals of six individuals previously sentenced in joint enterprise murder convictions, advising that the Criminal Cases Review Commission (CCRC) was the more appropriate route to follow where the NICA had already dismissed the appeals.

26 October 2016

Advocate General Wahl: Intel appeal against €1.06bn fine 'should be upheld'

Intel’s appeal against the imposition of a €1.06 billion fine for abuse of its dominant position should be upheld and the case should be referred back to the General Court for a fresh review in the Opinion of an Advocate General of the Court of Justice of the European Union.

26 October 2016

Defamation proceedings brought against Sunday World to be held in private due to witness protection concerns

The Court of Appeal has granted an application for defamation proceedings to be held in camera, as sought by the Commissioner of An Garda Síochána.

25 October 2016

Ashers Bakery lose appeal in “gay cake” discrimination case

The Court of Appeal has found that, by refusing to make a cake supporting same sex marriage, Ashers Baking Company directly discriminated against a man on the grounds of sexual orientation contrary to the Equality Act (Sexual Orientation) Regulations (NI) 2006 and on the grounds of religious and political belief contrary to the Fair Employment and Treatment (NI) Order 1998, upholding the 2015 decision of District Judge Brownlie.

24 October 2016

CJEU: Ireland’s procedure for accepting applications for subsidiary protection incompatible with EU law

The Court of Justice of the European Union (CJEU) has ruled that a 15-day time limit imposed on failed refugee applicants to apply to the Minister for Justice and Equality for subsidiary protection, compromises the ability of applicants to avail themselves of the rights conferred on them by EU law, and can not reasonably be justified.

21 October 2016