Case archive

Car dealers not responsible for unremovable adverts associated with manufacturer

The Court of Justice of the European Union (CJEU) has ruled that authorised Daimler dealers are not responsible for advertisements which, despite their efforts to have them removed, continue to associate their name with the trade mark “Mercedes-Benz” on the internet and Daimler cannot require those dealers to take steps to remove such advertisements from websites where they have not been ordered.

4 March 2016

Court of Appeal refuses to order discovery of correspondence leading to settlement between the Central Bank and INBS

The Court of Appeal has upheld the decision of the High Court, not to order the discovery of the without prejudice correspondence leading to the settlement passing between the Central Bank and Irish National Building Society (“INBS”), as requested by former executive director and secretary John Purcell.

3 March 2016

No violation of article 6 after evidence found in unlawful search used against man, Strasbourg rules

The European Court of Human Rights (ECtHR) has ruled the article 6 right to a fair trial of a German man was not violated after he complained that evidence found coincidentally during an unlawful house search had been admitted in criminal proceedings against him.

3 March 2016

Court of Appeal overturns damages awarded to man incorrectly denied permanent residence

The case between Ewaen Fred Ogieriakhi and the Minister for Justice and Equality, Ireland, the Attorney General and An Post had spanned ten years, and been before a number of High Court judges, the Supreme Court, the European Court of Justice and finally the Court of Appeal.

2 March 2016

Judge criticises Law Society for specifying sum to be claimed for backdated practising certificates

The President of the High Court Mr Justice Kelly has made an order of costs in respect of a number of backdated practising certificates, in which he criticized the Law Society for claiming an entitlement to seek €350 in costs from each solicitor who applies to have their practising certificate backdated.

1 March 2016

High Court finds RTE’s criteria for inviting participants to electoral debate not unconstitutional

, the Court found that the criteria did not amount to a policy, as it emerged from a consideration of the current political landscape.

29 February 2016

Court grants murderer Certificate to appeal to Supreme Court on DNA point of law

A man convicted of murder and the possession of a firearm with intent to endanger life has been granted a Certificate pursuant to s. 29 of the Courts of Justice Act 1924, to the effect that the decision of the Court of Criminal Appeal raised an issue of exceptional public concern, and that it was in the public interest that an appeal be taken to the Supreme Court.

26 February 2016

Road haulage company loses appeal against €1 million fine

The Court of Appeal have dismissed an appeal brought by a road haulage company against the severity of a €1 million fine imposed on it following its plea of guilty on 18th December 2012 to an offence contrary to ss. 12 and 77(9) of the Safety Health and Welfare at Work Act 2005.

25 February 2016

Asylum appeal to be re-heard after error made in introduction to Tribunal’s decision

An asylum appeal is to be re-heard after the High Court found that the introduction to the Refugee Asylum Tribunal’s decision had incorrectly stated that the Refugees Application Commission had found no or minimal basis for the application.

24 February 2016

Rapist found not to represent significant risk of serious harm through commission of similar offences

A man has had his sentence for rape reduced by the Court of Appeal after the Court found that the Crown Court incorrectly found that he represented a significant risk of serious harm from similar offending.

23 February 2016

Prison Governor wins appeal against prisoner release due to inaccurate certificate of detention

The Governor of Mountjoy Prison has won an appeal against an order releasing a prisoner, following an inaccurate certificate being issued for his detention. The Court of Appeal ordered the issue to be remitted to theHigh Court, allowing the Governor to apply to have the certificate amended.

22 February 2016

Negligence claim against the Minister for Defence fails due to inordinate delay

A man has lost his appeal against the High Court’s dismissal of his negligence claim against the Minister for Defence, after the Supreme Court reaffirmed the High Court’s position that there had been inordinate and inexcusable delay.

19 February 2016

High Court refuses to order costs in favour of Ryanair in discovery-related application

The High Court has declined to make an order finding that an airline should be awarded costs for a discovery-related application that had been rendered moot by circumstance, and which would potentially result in the State being liable to it for a substantial sum.

18 February 2016

Minister for Social Protection breached constitutional justice by failing to consider all evidence of a child’s disability

The High Court has found that the Minister for Social Protection erred in law and breached fair procedures, natural and constitutional justice, by failing to properly consider all of the evidence furnished by the applicant that her child was a “qualified child” under the Social Welfare Consolidation Act 2005, and therefore entitled to domiciliary care allowance.

17 February 2016

UK: Company’s VAT repayment from HMRC liable to corporation tax Supreme Court rules

The UK Supreme Court has ruled a company’s VAT repayments, made after it overpaid VAT, are liable to corporation tax.

17 February 2016