Case archive

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

High Court dismisses woman’s judicial review of the seizure of her livestock

The High Court has refused all reliefs sought by a woman who brought two judicial review cases seeking to challenge a decision to remove animals owned by her.

23 June 2016

UKSC: Sri Lankan's asylum application referred to CJEU as no authorities on point

A former member of the Tamil Tigers who claimed asylum under an EU directive on the basis he would face torture if returned to Sri Lanka has had his application referred to the Court of Justice of the European Union as no authorities are on point.

23 June 2016

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