Case archive

Appeal against pension benefits of former Trinity College Secretary fails

An appeal brought against the Pensions Ombudsman by the Department of Public Expenditure and Reform, the Department of Education, and the Higher Education Authority with regards to the pension benefits granted to Michael Gleeson, who was granted permission to retire at 60 with full pension, has failed.

24 December 2015

Man fails to prove necessity of legal aid for counsel in Circuit Court proceedings

A man who sought legal aid for counsel in an appeal against a driving conviction has failed to have a non-statutory legal aid scheme declared ultra vires because he had not proven any need for it.

23 December 2015

Property transfers rendered void as attempt to protect land from being given to plaintiff in sexual abuse case

The Court of Appeal has upheld a judgment which found two property transfers from Mr Michael Quigley to his wife to be void, due to them being fraudulent attempts to protect the properties from being used to satisfy any judgment that might result from the plaintiff Dana Doherty’s allegations of sexual abuse.

22 December 2015

NI: Court unable to read abortion law as European Convention compliant

Following his full judgment on 30 November, Horner J of the Northern Ireland High Court of Justice has found that it is not possible to read Northern Ireland’s abortion law in a way that is compatible with the European Convention on Human Rights.

21 December 2015

Admissibility of Garda Chief Superintendent’s belief of man’s IRA membership as evidence held constitutional

A man has failed in his attempt to have section 3(2) of the Offences Against the State (Amendment) Act 1972 declared unconstitutional.

18 December 2015

Hearsay evidence correctly admitted in bank loan default case

The Supreme Court has upheld the High Court’s decision to allow an affidavit by the Senior Relationship Manager with the Global Restructuring Group of Ulster Bank as sufficient evidence of a loan which had been defaulted on by Messrs Rory O’Brien, Danny O’Brien and Michael McDermott, as to justify summary judgment.

17 December 2015

Decision awarding special needs assistant damages for bullying overturned by Court of Appeal

The Court of Appeal has allowed an appeal by the Board of Management of St. Anne’s School, which challenged the awarding of €255,276 in damages to Ms Una Ruffley on foot of her claim for bullying and harassment during her employment as a special needs assistant at St. Anne’s School.

16 December 2015

Court grants non-suit in Cork nightclub music copyright case

The High Court has granted a non-suit in a case where infringement of copyright was alleged in sound recordings played in the Savoy Nightclub and Theatre in Cork City.

15 December 2015

UK: Indian ‘overstayer’ who married British woman wins human rights appeal over refused application for leave to remain

An Indian student who married a British woman has successfully challenged a decision to refuse his application for leave to remain in the UK as a spouse and to certify his human rights claim as “clearly unfounded”.

15 December 2015

Committal for contempt of court due to non-payment of child maintenance found unlawful

The High Court has found that the detention of a father for contempt of court, arising due to non-payment of child maintenance, is unlawful.

14 December 2015

Court of Appeal declines to invite State to engage in mediation in oyster farm pollution dispute

in complex and lengthy mediation, meant that an Order was in this case inappropriate.

11 December 2015

Northern Ireland murder and arson convict loses appeal against conviction

Louis Maguire has lost his appeal against his conviction for murder and arson with intent to endanger life, after arguing that he had not received a fair trial, due in part to being unrepresented for a large part of the trial.

10 December 2015

Contaminated horse feed case allowed to proceed to trial despite inordinate and inexcusable delay

The Court of Appeal has allowed a case concerning contaminated horse feed to proceed to trial despite the inordinate and inexcusable delay of the plaintiff, finding that the balance of justice did not favour the dismissal of the proceedings.

9 December 2015

Costs orders against District Judge to be remitted to High Court

of the Respondent at this time”.

8 December 2015

Suspension on DIT campus contract lifted

The High Court has lifted an automatic suspension which had prevented the National Treasury Management Agency and Minister for Education and Skills from concluding a contract for the construction of a new DIT campus at Grangegorman.

7 December 2015