Case archive

Slovenia lodges ECtHR application against Croatia

The government of Slovenia has lodged an application with the European Court of Human Rights over the actions of the Croatian judiciary and executive in relation to legal claims brought by a Slovenian bank.

21 October 2016

UK Supreme Court upholds decision to quash a woman’s conviction for murdering her former partner

The UK Supreme Court has unanimously dismissed an appeal against the quashing of a woman’s conviction for the murder of her former partner, and upheld the Court of Appeal’s finding that bad character evidence had been wrongly admitted at the woman’s trial in 2010.

20 October 2016

ECJ: Fixed-price system for prescription drugs breaks free movement rules

The European Court of Justice (ECJ) has ruled that a fixed-price system for the sale by pharmacies of prescription-only medicinal products for human use is incompatible with the free movement of goods.

20 October 2016

Court of Appeal: Liquidated company's directors not personally liable for debt when loss to creditor was unforeseeable

The Court of Appeal has overturned the finding of the High Court that the directors of a liquidated company were personally liable to a creditor pursuant to s. 297A of the Companies Act 1963. Justice Hogan stated that it was not enough to show that the directors were aware that the loss might have occurred, when the standard imposed by the legislation was an awareness that the loss would have occurred.

19 October 2016

ECJ: Website operators can store certain personal data to prevent cyberattacks

The European Court of Justice (ECJ) has ruled that website operators may have a legitimate interest in storing certain personal data relating to its visitors in order to protect itself against cyberattacks.

19 October 2016

Plaintiffs omitting Penal Notice from agreed Orders not precluded from re-serving order with Notice attached

In the High Court in Belfast, Justice Horner found that a man’s failure to include a Penal Notice in an agreed order requiring a family to vacate his premises within a specified time did not preclude him from seeking to re-serve the order with the required Penal Notice attached.

18 October 2016

ECJ: Initial acquirer of a computer program can resell original copy and license

The European Court of Justice (ECJ) has ruled that the initial acquirer of a copy of a computer program, accompanied by an unlimited user licence, may resell that copy and his licence to a new acquirer — however, where the original copy has been damaged, destroyed or lost, the acquirer may not provide a back-up copy to the new acquirer without the authorisation of the rightholder.

18 October 2016

High Court: Prisoner’s right to refuse necessary medical treatment is qualified by his status as a prisoner

The High Court has granted an application from a hospital to treat a prisoner with intravenous medication notwithstanding the man’s refusal.

17 October 2016

ECJ: Italy failed to guarantee compensation for victims of intentional violent crime

The European Court of Justice has ruled that Italy failed to fulfil its obligations under EU law by failing to guarantee just and appropriate compensation for victims of all violent intentional crimes.

17 October 2016

Court of Appeal: Former Garda loses appeal against corruption conviction

In the Court of Appeal, a three-judge Court dismissed the appeal brought by a former member of An Garda Síochána who was convicted of corruption for his part in an insurance scam involving a faked road traffic accident.

14 October 2016

Court of Appeal: Son of farmer reinstated as legal personal representative of father’s estate

A three-judge Court of Appeal has overturned the High Court’s finding that the son of a man who died intestate was conflicted in his role as legal personal representative of the estate.

13 October 2016

Court of Appeal overturns €40k award in Dublin Airport personal injury case

The Court of Appeal overturned a finding of liability for negligence, and an award of damages for personal injuries in the sum of €40,000 made in favour of a woman who fell while using an escalator at the airport.

12 October 2016

Supreme Court: Clause of farmer’s Will intended to create determinable fee that was void for uncertainty

The Supreme Court dismissed the appeal brought by a man who challenged the High Court’s construction of his father’s Will. In her judgement, Justice Laffoy found that the specific clause, which allowed the man to benefit from farmlands “until” an uncertain time, intended to create a determinable fee that was void for uncertainty.

11 October 2016

Supreme Court: Revenue was out of time to compel man to repay IR£24,000 tax relief from 1997

of the process by the service of this notice was out of time.

10 October 2016