Case archive

Advocate General Saugmandsgaard Øe: General data retention obligation may be compatible with EU law

An Advocate General of the Court of Justice of the European Union (CJEU) has stated in an Opinion that a general obligation to retain data imposed by a member state on providers of electronic communication services may be compatible with EU law but that it is imperative that that obligation be circumscribed by strict safeguards.

20 July 2016

UKSC: Illegality does not necessarily prevent operation of unjust enrichment

A man who retained money given to him under a contract for an illegal purpose has had his appeal – that illegality prevents the operation of the unjust enrichment rules – dismissed by judges in the UK Supreme Court.

20 July 2016

Convicted murderer fails in application to have detention declared unlawful

A man found guilty of murder almost twenty years ago has failed in his application to the High Court alleging unlawful detention.

19 July 2016

Businessman fails in appeal that rulings of Moriarty Tribunal amounted to breach of fair procedures

The Supreme Court has unanimously dismissed a businessman's claim that the Moriarty Tribunal of Inquiry into Payments to Charles Haughey and Michael Lowry had incorrectly restricted the cross-examination of a key witness at its public hearings.

18 July 2016

Advocate General Sharpston: Company requirement to remove Islamic headscarf constitutes unlawful direct discrimination

An Advocate General of the Court of Justice of the European Union (CJEU) has found that a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination and that an entirely neutral dress code policy may also constitute indirect discrimination – justified only if it is proportionate to the pursuance of a legitimate aim, including the interests of an employer’s business.

18 July 2016

Credit Union fails in appeal to order the sale of family homes in West Cork

The Court of Appeal has found that making an order directing the sale of jointly owned family homes, to enable the discharge of a judgment debt obtained by a credit union against one of the spouses, would be to direct the sale of the family home over the wishes of an innocent spouse not a party to a commercial loan transaction and who had never formally consented to the same.

15 July 2016

Supreme Court rules against the State in appeal over the release of dissident republicans

The Supreme Court, in a four-three majority, has dismissed the State’s appeal over the release of three dissident republicans in 2014, having served just 12 years of their 28-year sentence for terrorist offences.

14 July 2016

Court of Appeal unanimous in finding ESB procedure unlawful

In a decision that significantly influences the procedure for serving wayleave notices, the Court of Appeal unanimously ruled that the procedure by which the Electricity Supply Board (ESB) served a wayleave notice to enter private land was unlawful.

13 July 2016

Irish triathlete awarded €134,000 in personal injury claim

Ms Donna Woods was injured when the wing mirror of Mr Joseph Tyrell Jnr’s van hit her as she was out jogging with a friend near her home. The High Court has awarded her €134,000 in general and special damages for the injuries she sustained and the persistent affect they would have on her lifestyle.

12 July 2016

ROI: Court of Appeal dismisses action by Jules Thomas to prevent pre-trial hearing in damages case

Ms Jules Thomas, partner of Mr Ian Bailey, is in the process of suing the Garda Commissioner and the State over alleged ‘incalculable’ damage and psychiatric illness suffered arising from the Gardaí investigation into the murder of French National, Sophie Toscan du Plantier in Schull, Co. Cork on 23rd December 1996.

11 July 2016

Minister entitled to refuse naturalisation on grounds of drink driving, despite indicating that application was successful

The High Court has found that the Minister for Justice, Equality and Law Reform was entitled to refuse naturalisation to an applicant, despite informing him that his application was successful, as the applicant had not yet satisfied all the necessary criteria, and new information came to light with regards to the applicant’s criminal record.

8 July 2016

NI: Appeal against 4-year sentence for film streaming website dismissed

The Northern Ireland Court of Appeal has dismissed a man's appeal against his four-year sentence for conspiracy to defraud, one count of acquiring criminal property, and one count of concealing criminal property.

7 July 2016

UKSC: Article 6 rights of man served with foreign judgment not engaged

The UK's Secretary of State was not obligated, under the circumstances, to investigate the consequences of serving a foreign judgment on an Egyptian national.

7 July 2016

Patent license beneficiary must pay royalty, irrespective of infringement

The beneficiary of a patent licence must pay the agreed royalty even if it does not infringe the patented technology, the Court of Justice of the European Union (CJEU) has ruled.

7 July 2016

High Court finds business man and former wife have no arguable defence for failure to pay VAT

The High Court has granted summary judgment in favour of the Collector General for the Revenue Commissioner, who sought a number of reliefs due to the failure of a couple to pay VAT of over €800,000.00.

6 July 2016