Case archive

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

UKSC: Challenge to prohibition on settlement of British Indian Ocean Territories dismissed

A challenge to a 2008 decision endorsing a prohibition on settlement of the British Indian Ocean Territories has been dismissed by the UK Supreme Court.

29 June 2016

Constitutional challenge to safety belt legislation fails in Supreme Court

The Supreme Court has dismissed an appeal against an order of the High Court which refused an applicant leave to judicially review legislation relating to the requirement that drivers wear safety belts, and the related punishments for breaches of those laws.

28 June 2016

High Court finds statement can be read in court without initiating full proceedings

The Northern Ireland High Court of Justice has found that the appropriate method for making a statement in court when the parties have agreed their dispute prior to the issuing of proceedings is for a summons to be issued.

27 June 2016

Court of Appeal reduces damages for taxi accident by €75,000

The Court of Appeal has overruled an award of damages made by the High Court, in respect of personal injuries suffered by a woman during a taxi ride in 2007, finding that the award in relation to pain and suffering was disproportionate.

24 June 2016

Strasbourg: Article 10 rights of journalists who intercepted Italian police communications not violated

The article 10 right to freedom of expression of three journalists who intercepted radio communications between the carabinieri, one of Italy's armed forces, in order to arrive quickly at crime scenes and report on them were not violated, the European Court of Human Rights has unanimously ruled.

24 June 2016