Case archive

High Court finds Minister for Environment acted ultra vires in adopting Belfast Plan

The High Court has found that the Minister for the Environment acted ultra vires under the Northern Ireland Act 1998 and Ministerial Code, following his unilateral adoption of the Belfast Metropolitan Area Plan, without Executive agreement.

7 April 2016

Review of employer’s refusal to fund legal qualification dismissed due to delay

The Supreme Court has dismissed a judicial review appeal brought by an employee of the Review Commissioners, who disputed the Commissioners’ decision not to fund her professional legal qualification. The Supreme Court found that there had been too long a delay since the employee was first notified of the refusal.

6 April 2016

Solicitor struck off to 'maintain the reputation of the solicitor profession'

The High Court has ordered for a solicitor, Mr Patrick Enright, to be struck off the Roll of Solicitors, as a result of fraudulent activity carried out by him in 1994. The Law Society had brought the application following a finding by the Disciplinary Tribunal that Mr Enright was not a fit person to be a member of the solicitor’s profession and should be struck off.

5 April 2016

Court of Appeal clarifies law on legal burdens in unnotified procession case

The Court of Appeal has found that section 6(8) of the Public Processions (Northern Ireland) Act 1998 can be interpreted as applying a legal burden of proof on defendants accused of taking part in unnotified processions.

4 April 2016

Claims for damages resulting from serious assault of vehicle clamper to be heard before jury

The Court of Appeal has upheld a decision to hold a unified trial in respect of claims of damages made against an attacker and the employer of the victim, despite the different bases for the claims.

1 April 2016

Four children joined as Notice Parties to judicial review of their care order

in these proceedings as Notice Parties, if it considered that to be appropriate under Order 84.

31 March 2016

UK's failure to prosecute over fatal De Menezes shooting did not violate article 2

The European Court of Human Rights (ECtHR) has ruled 13-4 that there was no violation of article 2, the right to life - investigation, of the European Convention on Human Rights, regarding the UK's failure to prosecute anyone after police fatally shot Jean Charles de Menezes, a Brazilian national mistaken for a suicide bomber, in the wake of 7/7.

31 March 2016

Decision not to sever historic sexual abuse case held to be correct and conviction upheld

A man has had his conviction for ten counts of indecent assault upheld after the Court of Appeal rejected his arguments that the trial judge should have severed the indictment, that the trial judge had failed to properly summarise the defence case, and that the trial judge failed to adequately deal with the issue of delay.

24 March 2016

Court of Appeal finds wind farm developments unauthorised

The Court of Appeal has ordered a wind farm in Co Cork to be dismantled, pending the outcome of the developer’s application for substituted consent.

23 March 2016

Solicitors able to recover fees despite prior security claims

The Supreme Court has made orders under s.3 of the Legal Practitioners (Ireland) Act 1876, enabling a firm of solicitors to claim their fees from the award granted to a client despite the argument that a prior security existed over the award.

22 March 2016

Award of damages for potato lifting injury overturned

The Court of Appeal has overturned an award of damages in the sum of €67,450 made by the High Court in 2014 in favour of a supermarket employee who injured herself lifting a 10kg bag of potatoes in 2011.

18 March 2016

ECJ explains correct interpretation of Dublin III Regulation

The Court of Justice of the European Union (CJEU) has ruled* the Dublin III Regulation allows member states to send an applicant for international protection to a safe third country, irrespective of whether it is the member state responsible for processing the application or another member state.

18 March 2016

Challenge to solicitor’s bill after five years found to be time barred on appeal

The Court of Appeal has overturned a decision of the High Court to refer a bill of costs dated 12th November, 2007, to taxation.

16 March 2016

Luxembourg court dismisses Body Shop’s community trade mark appeal

The European Court of Justice has dismissed an action by The Body Shop to have a decision of the Office for Harmonisation in the Internal Market (OHIM) to reject its application for registration of the trade mark “SPA WISDOM” annulled.

16 March 2016