Case archive

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

Supreme Court agrees with the State that the enactment of legislation does not amount to “legitimate expectation”

Although the State’s appeal was ultimately dismissed due to the absence of any substantive effect flowing from the decision, the Supreme Court has unanimously agreed with the State that legislation should not amount to legitimate expectation that can be breached and therefore result in the pursuance of damages.

21 July 2016

UKSC: Collateral lie not fatal to insurance claim

ed by a flood in her engine room. Her main engine was damaged beyond repair. The flood was caused by (i) the crew’s negligence in failing to close the sea inlet valve in the emergency fire pumps, (ii) damage to the pumps, (iii) the negligence of previous contractors who had failed to seal bulkheads and (iv) defects in the engine room pumping system. The appellant owners presented an insurance claim to the respondent insurers for €3,241,310.60. They told the insurer’s solicitors that the crew had informed them that the bilge alarm had sounded at noon that day, but could not be investigated because the vessel was rolling in heavy weather. This was a lie told by the owners to strengthen the claim, accelerate payment under the policy, and take the focus off any defects in the vessel for which the owners might have been responsible. The lie was in fact irrelevant to the claim, since the vessel’s loss was found to have been caused by a peril of the seas. But the judge held that the owners’ lie was a “fraudulent device”, which meant the insurers did not have to pay out under the policy. The Court of Appeal agreed.

21 July 2016

State loses Supreme Court case involving the reissue of arrest warrants for woman’s failure to pay fines

The State has lost a case in the three-judge Supreme Court over whether committal warrants issued due to a woman's failure to pay road traffic fines were properly reissued.

20 July 2016