Case archive

High Court: Permanent TSB loses appeal against Personal Insolvency Arrangement

Permanent TSB (PTSB) has lost an appeal against a Personal Insolvency Arrangement (PIA) which was confirmed in the Circuit Court in 2017.

High Court in Ireland — 7 February 2019

Supreme Court: Royal College of Surgeons successfully overturns judicial review of CPD accreditation decision

The Royal College of Surgeons has successfully appealed the Court of Appeal’s decision to quash its refusal to grant CPD accreditation for a live plastic surgery event.

Supreme Court in Ireland — 6 February 2019

Belfast Crown Court: Man must serve a minimum of 10 years for the murder of his friend

A man who stabbed his friend to death must serve a minimum of ten years' imprisonment before he can be considered for release by the Parole Commissioners.

Crown Court in Northern Ireland — 5 February 2019

Court of Appeal: Man who sexually assaulted his two-year-old son loses appeal against conviction

A man who was convicted of sexually assaulting his two-year-old son while the child’s mother was at work has lost an appeal against his conviction.

Court of Appeal in Northern Ireland — 4 February 2019

High Court: Statutory fund must identify compensated clients in subrogation application

The Investor Compensation Company has lost an application to the High Court for directions which would enable it to be subrogated to the right of clients of a liquidated company to whom compensation has already been paid.

High Court in Ireland — 1 February 2019

Supreme Court: Man was made Ward of Court in lawful exercise of High Court’s wardship jurisdiction

A man who was made a Ward of Court four days before he was due to be released from the Central Mental Hospital (CMH) has lost his appeal to the Supreme Court.

Supreme Court in Ireland — 31 January 2019

Downpatrick Crown Court: Six people sentenced for involvement in Bangor murder with 'paramilitary overtones'

Four men have been given life sentences for the murder of a man who was shot in front of his three-year-old child in Bangor in 2017.

Crown Court in Northern Ireland — 30 January 2019

Supreme Court: Refusal to compensate men whose convictions were overturned does not breach presumption of innocence

The requirement for a person to prove beyond a reasonable doubt that they did not commit an offence in order to access compensation for a miscarriage of justice does not breach their right to presumption of innocence, the Supreme Court has ruled.

UK Supreme Court in United Kingdom — 30 January 2019

High Court: Master of the High Court’s decision to strike out Special Summons 'beggars belief'

Permanent TSB have been granted an order discharging the purported order of the Master of the High Court to strike out a Special Summons.

High Court in Ireland — 29 January 2019

Court of Appeal: Galway egg company granted injunction restraining competitor from trading under similar name

An egg company in Galway has been granted an injunction restraining its former supplier from trading under a similar name, after the Court of Appeal found that the actions of its competitor constituted the tort of passing off.

Court of Appeal in Ireland — 28 January 2019

Supreme Court: Construction company’s agreement with IBRC bound it to accept expert’s profit estimation

A construction company that changed the terms of its loan agreements with IBRC, allowing for an expert to estimate the amount of profit to be evenly distributed, has lost its appeal to the Supreme Court.

Supreme Court in Ireland — 25 January 2019

Supreme Court: Ex-husband receives 25% of his pension fund in divorce proceedings which began in 2002

In divorce proceedings which began in 2002, the Supreme Court has ordered that the ex-husband should receive 25% of his pension fund and the ex-wife should receive 75%. The ex-husband had appealed the original apportionment in which his ex-wife had been awarded 80% of the fund, valued at around €800,000. Stating that the financial circumstances of both parties had deteriorated significantly but that the ex-wife’s position was less stable, Mr Justice John MacMenamin said that he hoped after the years of litigation and hundreds of thousands of Euro in legal costs the case would now end.

Supreme Court in Ireland — 23 January 2019

Court of Appeal: Wholly suspended sentence for stabbing man in the back was not unduly lenient

The Director of Public Prosecutions has lost an appeal against wholly suspended sentence which was given to a man who pleaded guilty to stabbing another man in the back with a kitchen knife. Accepting that the sentence was indeed a very lenient one, Mr Justice John Edwards said that an entirely suspended sentence was open to the sentencing judge, and the cumulative effect of all the mitigating circumstances made the man’s case exceptional.

Court of Appeal in Ireland — 22 January 2019

Court of Appeal: Father of man murdered in 1997 wins appeal against case management decision

A man whose son was murdered in 1997 has successfully appealed a case management decision not to remove a stay on the hearing of his application to issue judicial review proceedings against the PSNI, the Department of Justice, and the Coroner’s Service.

Court of Appeal in Northern Ireland — 21 January 2019