In today’s Grand Chamber judgment in the case of J.K. and Others v. Sweden the European Court of Human Rights held, by ten votes to seven, that there would be: a violation of article 3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights if the order for the applicants’ deportation to Iraq were implemented.
23 August 2016
Bicycle courier awarded €30k in personal injury claim after road traffic accident with Dublin taxi driver
The High Court awarded €30,000 in general damages for injuries sustained by a cyclist as the result of a road traffic accident involving a taxi, while rejecting a majority of the cyclist's claim for special damages.
22 August 2016
High Court: Garda awarded €195,000 for physical and psychological injuries that forced him into early retirement
The High Court has awarded €195,000 to a Garda with 33 years of experience who suffered persistent physical and psychological harm as a result of an assault that occurred in the course of arresting a member of the public.
19 August 2016
Supreme Court: Trial judge did not have jurisdiction to award damages in lieu of specific performance concerning sale of Dublin properties
In this conjoined appeal concerning the sale of properties in Dublin, the Supreme Court vacated the judgement of the High Court which had awarded damages in lieu of a decree of specific performance against the vendor.
18 August 2016
The Court of Appeal has overturned a determination by the High Court, and granted bail to a Kilkenny man facing trial for the murder of a woman in 1987. Bail had been initially refused in the High Court amid fears that the accused would intimidate a witness to whom he had previously confessed the murder, with the same witness giving evidence that he had already been subject to threatening behaviour from the appellant and his family.
17 August 2016
Amongst a series of superfluous actions brought by two individuals against the State’s tenancies tribunal, the High Court held that the judicial review proceedings were duplicitous, and ordered that the Court should consider limiting the applicants from engaging in future frivolous applications.
16 August 2016
Court of Appeal: Master of a sea fishing vessel fails in bid to overturn €105,000 fine for breaching EU regulations
In Letterkenny Criminal Court, the Master of a sea fishing vessel was found guilty on three counts of breaching EU regulations, and was fined €105,000. In dismissing the appeal, the Court of Appeal rejected the Master’s challenge to the three counts found against him, stating that the trial judge had been fair and reasonable.
15 August 2016
Supreme Court: Equality Tribunal has jurisdiction to investigate historical evidence in discrimination case brought by retired teacher
The Supreme Court dismissed the appeal by County Louth Vocational Education Committee regarding proceedings before the Equality Tribunal concerning an allegation of discrimination on grounds of gender and sexual orientation made by a retired teacher against his former employer, County Louth Vocational Education Committee (VEC).
12 August 2016
In the High Court, Mr Justice David Keane has allowed two property companies and their controlling director, to succeed in an interlocutory application for a Mareva injunction – thereby restraining a former employee from "removing from Ireland, disposing of, dealing with or diminishing the value of her assets" in a case of wrongly appropriated funds through fraudulent conduct.
11 August 2016
Tribunal’s procedural unfairness highlighted need for training of judiciary in the needs of the disabled
The Court of Appeal in Northern Ireland has allowed an appeal from the decision of an Industrial Tribunal (IT) which dismissed the claim of a Slovakian national with Asperger’s Syndrome for unlawful racial discrimination, unlawful disability discrimination, victimisation, harassment on grounds of his disability and race, detriment, and unfair dismissal.
10 August 2016
The UK Supreme Court has referred the question of whether a Directive on equal gender treatment as regards social security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a person who has changed gender must also be unmarried in order to qualify for a state retirement pension to the Court of Justice of the European Union.
10 August 2016
A limited company, the Irish Skydiving Club Ltd (hereafter ISC) sought judicial review of the decision of An Bord Pleanála that the use by the ISC of Kilkenny Airfield for sponsored parachute jumping was a development and not an exempted development.
9 August 2016
The Court of Appeal has found that the Circuit Court does not have jurisdiction in possession proceedings not otherwise falling within the exceptions created by the Land and Conveyancing Law Reform Acts of 2009 and 2013, and must therefore be commenced in the High Court rather than the Circuit Court.
8 August 2016
Justice Baker in the High Court exercised inherent jurisdiction to strike out the claim seeking damages for personal injuries arising from the damp condition of a house that was purchased under a warranty provided by limited company, HomeBond.
5 August 2016
Supreme Court dismisses adverse possession case brought against the State’s public transport corporation
A man claimed to have been in possession of a 3-acre field beside Clondalkin Railway Station from 1977 to 2007, however the Supreme Court held that use of the land was both sporadic and lacking in exclusivity, and that repairs carried out by the State corporation amounted to assertion of the original title.
4 August 2016