Case archive



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

UKSC: Sole director not personally liable in damages to employee who suffered injury at work

The UK Supreme Court has ruled that the sole director of a company which failed to provide adequate insurance for its employees was not personally liable in damages to the appellant who suffered an injury while working.

6 July 2016

Court grants compensation for Council’s attempt to evict family for attic extension

The High Court has found that a local council breached the constitutional and European Convention rights of a family when it attempted to evict them for building an extension in their attic.

5 July 2016

Luxembourg: Trade marks which resemble McDonald's product names are invalid

The General Court of the European Union has ruled that the repute of McDonald’s trade marks makes it possible to prevent the registration, for foods or beverages, of trade marks combining the prefix ‘Mac’ or ‘Mc’ with the name of a foodstuff or beverage.

5 July 2016

Court of Appeal upholds conviction of sexual assault by court martial

The Court of Appeal has dismissed an appeal brought by a man in respect of his conviction for sexual assault and other conduct to the prejudice good order and discipline under the Defence Act 1954.

4 July 2016

Court of Appeal finds An Post cannot demand 50 per cent of moneys lost in kidnapping case from postmaster

in a procedure of this kind operates to create an estoppel against the party who elected to avail of that procedure” (Corrigan v. Irish Land Commission  I.R. 317 and The State (Byrne) v. Frawley  I.R. 326.)

1 July 2016

Court of Appeal finds man’s fatal claim in respect of wife’s death is statute barred

The Court of Appeal has found that a case brought by a man in respect of his wife under section 48 of the Civil Liability Act 1961 is statute barred.

30 June 2016

Supreme Court rules third trial of alleged kidnappers can go ahead

The Supreme Court has ruled that two men accused of robbery and kidnapping can be put on trial for the third time, following two prior lengthy trials which had been discharged after juries were unable to agree as to the guilt or innocence of the accused.

29 June 2016