Case archive

Court of Appeal awards 26-year-old man €17,500 for injuries sustained during arrest

The Court of Appeal overturned the decision of the High Court jury which had awarded the man €5,000 in 2013. Justice Irvine accepted that the Book of Quantum was out of date, that the award was disproportionate to his injuries, and that the jury had adopted an incorrect approach to the man’s contributory negligence.

6 October 2016

Couple suspected of tax evasion suffered no article 8 violation

A couple suspected of tax evasion whose home was searched did not suffer any violation of their article 8 rights, the European Court of Human Rights has unanimously held.

6 October 2016

High Court: Company set up by bankrupt O’Donnell’s children had no standing to acquire parents’ claims

In the absence of sufficient information regarding the claims the company sought to acquire, Justice Costello in the High Court held that the company, which itself was not a creditor to the O’Donnell estate, did not have the locus standi to make an application for the transfer of chose in action under the Bankruptcy Act 1988.

5 October 2016

Former employee of Belfast restaurant awarded £7,000 compensation for constructive dismissal

The Industrial Tribunal awarded a former employee of a Belfast City restaurant £7,000 for constructive dismissal, after her employer failed to address grievances she had brought up with him in relation to the behaviour of the restaurant manager and head chef, and consequently left her employment at the restaurant. In response to claims of discrimination and victimisation, the tribunal dismissed the woman’s claims and questioned the credibility of the witnesses heard.

4 October 2016

British paedophile's unfair trial application 'manifestly ill-founded', rules Strasbourg

The unfair trial application of a convicted paedophile has been dismissed as "manifestly ill-founded" by the European Court of Human Rights as it vindicated the findings of the English Court of Appeal that the jury in his trial was impartial.

4 October 2016

High Court strikes out all but one claim against the state brought by widow of 1972 murder victim

In the High Court, Justice McCorry struck out claims against the State involving negligence and misfeasance in a public office, brought by the widow of a man who was murdered in 1972. Justice McCorry found that the woman had no reasonable cause of action, but refused to strike out her claim of misfeasance of public office against the police, finding that the State had not made their case.

3 October 2016

District Court: Care order granted for 17-year-old girl at the centre of child trafficking investigation

In the District Court, Justice Rosemary Horgan found that a mature minor who travelled to Ireland with an older gentleman was now habitually resident in Ireland, and had consensually entered into an intimate relationship with the man. Amidst allegations of child trafficking on the part of her parents, the Court found it appropriate and proportionate to discharge the 17-year-old from her parents' care, making an order under section 18 of the Child Care Act 1991.

30 September 2016

High Court: Company director disqualified after siphoning €1m from company accounts

In the High Court, Justice O’Connor disqualified the director of an online event company for fraudulently taking €1m from the company’s PayPal account, and restricted another director for irresponsible conduct in relation to his failure to make further enquiries into the other director’s conduct.

29 September 2016

European Court of Human Rights dismisses 'fair hearing' application of men found liable in trespass over Omagh bombing

The European Court of Human Rights has unanimously rejected the applications of two men found liable in trespass, following the Omagh bombing in 1998, who claimed they had not been given a fair hearing because the proceedings were essentially criminal in nature and because hearsay evidence of an undercover FBI agent was admitted.

29 September 2016

Supreme Court: Notary Public appointed in special circumstances for non-adjoining counties Cork and Dublin

In an application before the Supreme Court, Chief Justice Denham has appointed a Notary Public for both County Cork and County Dublin, and all adjoining counties thereto. In the special circumstances regarding the appointment of a Notary Public to non-adjoining counties, Chief Justice Denham took into consideration several special factors, including the fact that the solicitor was actively practising in both Cork and Dublin.

28 September 2016

AG Sharpston: Court of Justice should annul measures keeping Tamil Tigers and Hamas on terror list

Advocate General Sharpston has stated that the Court of Justice of the European Union should annul the measures maintaining Hamas and LTTE on the EU list of terrorist organisations, on procedural grounds.

28 September 2016

Court of Appeal affirms man’s 8-year sentence for €100k cannabis find

The Court of Appeal has dismissed an appeal brought by a 47-year-old man against the severity of his eight-year sentence for drugs offences.

27 September 2016

Employment tribunal affirms Prohibition Notice issued to Asbestos-removal Company for contravening health and safety legislation

An Employment Tribunal unanimously dismissed an appeal brought by an asbestos removal company, and affirmed the Prohibition Notice issued by the Health & Safety Executive for Northern Ireland (HSENI) due to the company’s contravention of statutory provisions governing asbestos removal that heightened the personal injury risks at the site.

26 September 2016

Examinership application refused in order to uphold outcome of separate High Court proceedings

A company’s application for the appointment of an examiner has been refused by the High Court on the basis that such an appointment would frustrate the outcome of recent contentious litigation. Justice Baker was not satisfied that the petition had been brought in good faith, stating that the true purpose of the application was to avoid the onerous terms of a recent settlement agreement in the High Court.

23 September 2016

High Court: Recidivist criminal has no ground to challenge the legality of his sentence

A recidivist criminal serving a custodial sentence in the Midlands Prison for numerous offences applied to the High Court alleging that his committal warrants were not valid. Justice White found that the legislation upon which the prisoner made his submissions was not relevant, and that the prisoner was indeed being legally imprisoned.

22 September 2016