Case archive

Clinical Director did not breach statutory duty in refusing to change conditions for release of mentally ill woman

The High Court has found that the Clinical Director of the Central Mental Hospital did not breach his statutory duties or violate the Constitutional or Convention rights of a woman who sought to amend the conditions for her release from the Hospital. Furthermore, as the woman had been granted an unconditional release, it found that much of the relief sought by the applicant was rendered moot.

22 June 2016

High Court quashes An Bord Pleanála decision to allow wind farm in County Clare

The High Court has issued an order of certiorari quashing the decision of An Bord Pleanála to allow a wind farm to be built in County Clare on the grounds that they did not comply with the requirements of the Planning and Development Act 2000.

21 June 2016

ECJ Advocate General: Rental and lending rights in respect of books also apply to ebooks

The rental and lending rights in respect of books also applies to electronic books according to an Advocate General of the European Court of Justice.

21 June 2016

Sentence for possession of syringe not unduly lenient

The Court of Appeal has found that twelve months imprisonment backdated to the date of guilty plea was not an unduly lenient sentence for the offence of possession of a syringe contrary to s. 7(1) and (2) of the Non Fatal Offences Against the Person Act 1997.

17 June 2016

Taxing Master erred in law in taxation for medical negligence case

The Court of Appeal has found that the Taxing Master erred in his methodologies when calculating the appropriate fee in a medical negligence case.

16 June 2016

UKSC: Trustee for ECN holders' appeal against £3.3bn redemption dismissed

A trustee company that sought to prevent a financial services group from redeeming enhanced capital notes has had its appeal dismissed by judges in the UK Supreme Court.

16 June 2016

School not negligent for failing to make hockey mouth guards mandatory

, as did the National Governing Body for Ireland.

15 June 2016

UK Supreme Court allows appeal of officer dismissed over McKie scandal

The UK Supreme Court has unanimously allowed the appeal of an unfairly dismissed fingerprint officer involved in the McKie scandal, finding that the original Employment Tribunal’s (ET) interpretation of the relevant legislation leading to a reinstatement order was sound.

15 June 2016

Court finds that compensation can be sought for reduction in land value following NI Water development

Northern Ireland's Court of Appeal has determined that the Lands Tribunal was correct in its interpretation of Article 55 of the Water and Sewerage Services (NI) Order 1973, in finding that it allowed for compensation for reductions in land values, not was not limited to damage caused directly by work done by Northern Ireland Water Limited.

14 June 2016

Luxembourg backs UK’s limit on migrants’ access to benefits

The Court of Justice of the European Union has ruled the UK’s policy requiring recipients of child benefit and child tax credit to have a right to reside in the UK, while indirectly discriminatory, is justified by the need to protect the finances of the host member state.

14 June 2016

Supreme Court clarifies sentencing rules in historic sexual assault cases

The Supreme Court has clarified the law in relation to sexual assaults against males, noting that the impact of the case of S(M) v. Ireland & Ors (No.2) 4 I.R. 369 was not to limit sentences to two years, but to ensure that principles of equality were applied to sentencing for assaults against males and females.

13 June 2016

Appeal against adverse decision of Financial Ombudsman in serious illness insurance dispute dismissed

The Court of Appeal has dismissed an appeal brought against a decision of the Financial Service Ombudsman, who had dismissed a couple’s complaint that their serious illness insurance had been revoked without their knowledge.

10 June 2016

Supreme Court finds limited defence for selling alcohol to underage persons constitutional

The Supreme Court has dismissed an appeal brought by a company found guilty of supplying alcohol to an underage person, in which they argued that amendments to the law which limited the defences available were unconstitutional.

9 June 2016

High Court extends property developer’s bankruptcy due to lack of cooperation

The High Court has significantly extended the bankruptcy period of a well-known property developer due to the bankrupt’s lack of cooperation with his official Assignee.

8 June 2016

High Court denies leave to challenge vagueness of charge of “being unlawfully at large”

High Court judge Mr Justice Richard Humphreys has dismissed an application for leave to seek judicial review by a man who sought to challenge the rules of the Prisoners (Temporary Release) Rules 2004 (S.I. No. 680 of 2004).

7 June 2016