Case archive

UKSC: Damages claims for victims of motor accidents caused by uninsured drivers determined by law of state in which accident occurred

Damages claims against motor insurance bureaus should be determined according to the law of the state in which the accident occurred, the UK Supreme Court has ruled.

4 August 2016

England: Charity successfully challenges NHS decision not to consider preventative treatment for HIV and AIDS

The High Court held that NHS England erred in law by refusing to consider the funding of an anti-retroviral drug that would ultimately save the health service money by reducing the occurrence of HIV and AIDS by upwards of seventy-five per cent.

3 August 2016

Court of Appeal: Internet Service Providers must assist in identifying copyright infringers

ry orders in relation to future proceedings.

2 August 2016

Court of Appeal: O'Donnells have the right to challenge Gorse Hill injunction

The Court of Appeal has ruled that Mrs Mary O’Donnell, wife of retired solicitor Brian O’Donnell, is entitled to challenge an injunction that prevents trespassing on or interfering with the Official Assignee’s right to dispose of their property – a substantial house at Gorse Hill, Killiney, Co Dublin.

29 July 2016

Supreme Court: Motor racing company wins in appeal over noise complaint by neighbouring equine stud farm

The Supreme Court has ruled that the scope of the injunction placed on a racing company, Tipperary Raceway, could not be sustained either on the basis of claims of planning or nuisance brought by Tullamaine Castle Stud, a company running a nearby equine stud farm.

28 July 2016

UKSC: Defrauded representee need not prove belief that misrepresentation was true

In a claim to set aside a compromise on the basis of fraudulent misrepresentation, the defrauded representee need not prove it settled in the belief the misrepresentation were true in order to demonstrate influence by or reliance on that misrepresentation.

28 July 2016

Minister’s refusal to place former High Court Judge on the criminal defence list was breach of constitutional rights

The High Court has held that Mr Barry White, a retired High Court judge, can return to practice as a barrister acting as an advocate in the Circuit Court – thereby breaching the tradition that retired barristers-turned-judges who return to practice as barrister-advocates, do not appear before a court of equal or lower jurisdiction than that in which they used formerly to sit as a judge.

27 July 2016

UK Supreme Court refers questions over deportation of Italian national to Luxembourg court

The question whether enhanced protection depends on a right of permanent residence has been referred to the Court of Justice of the European Union by the Supreme Court in a case in which the Home Secretary tried to deport an Italian national following completion of his sentence for manslaughter.

27 July 2016

Strasbourg: Convention rights of Kyrgyz national detained in Russia and threatened with extradition violated

The article 3 and 5 rights of a Kyrgyz national detained in Russia for more than a year and threatened with extradition were violated, the European Court of Human Rights has ruled.

27 July 2016

High Court: Solicitor with 35 years experience must practice under supervision due to persistent bad record

A solicitor who has appeared in the Solicitors Disciplinary List on more occasions than any other practitioner, and who continues to have a bad record, has lost his case against the Law Society of Ireland in which he sought to have his practising certificate issued to him without conditions.

26 July 2016

Luxembourg: Communication on aid to banking sector valid

The Communication from the Commission on aid to the banking sector is valid, the Court of Justice of the European Union (CJEU) has ruled. In particular, burden-sharing by shareholders and subordinated creditors as a prerequisite for the authorisation, by the Commission, of state aid to a bank with a shortfall is not contrary to EU law.

26 July 2016

Court of Appeal: Judicial review is an effective remedy in accordance with EU directive on refugee status

The Minister for Justice, Equality and Law Reform has succeeded in his appeal against a High Court decision (N.M. v. Minister for Justice, Equality and Law Reform IEHC 638), with the Court of Appeal declaring that the trial judge had erred in concluding that the remedy of judicial review was in itself an ineffective remedy.

25 July 2016

Workers entitled to allowance where they cannot use outstanding paid annual leave as a result of sickness

When a worker puts an end to their employment relationship they are entitled to an allowance if they could not use up all or part of their right to paid annual leave, the Court of Justice of the European Union has ruled.

25 July 2016

Application by father to return his children to England is approved despite their objections

The father of three children aged 13, 10 and 9, who were born in the jurisdiction of England and Wales, has succeeded in his application to the High Court for their return pursuant to Article 12 of the Hague Convention on the Civil Aspects of Child Abduction 1980.

22 July 2016

UKSC: Malicious prosecution claim in civil proceedings permitted to go to trial in 5-4 ruling

Malicious prosecution can exist in civil proceedings as between private individuals, the UK Supreme Court has ruled.

22 July 2016