Case archive

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

Advocate General Saugmandsgaard Øe: General data retention obligation may be compatible with EU law

An Advocate General of the Court of Justice of the European Union (CJEU) has stated in an Opinion that a general obligation to retain data imposed by a member state on providers of electronic communication services may be compatible with EU law but that it is imperative that that obligation be circumscribed by strict safeguards.

20 July 2016

UKSC: Illegality does not necessarily prevent operation of unjust enrichment

A man who retained money given to him under a contract for an illegal purpose has had his appeal – that illegality prevents the operation of the unjust enrichment rules – dismissed by judges in the UK Supreme Court.

20 July 2016

Convicted murderer fails in application to have detention declared unlawful

A man found guilty of murder almost twenty years ago has failed in his application to the High Court alleging unlawful detention.

19 July 2016

Businessman fails in appeal that rulings of Moriarty Tribunal amounted to breach of fair procedures

The Supreme Court has unanimously dismissed a businessman's claim that the Moriarty Tribunal of Inquiry into Payments to Charles Haughey and Michael Lowry had incorrectly restricted the cross-examination of a key witness at its public hearings.

18 July 2016

Advocate General Sharpston: Company requirement to remove Islamic headscarf constitutes unlawful direct discrimination

An Advocate General of the Court of Justice of the European Union (CJEU) has found that a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination and that an entirely neutral dress code policy may also constitute indirect discrimination – justified only if it is proportionate to the pursuance of a legitimate aim, including the interests of an employer’s business.

18 July 2016

Credit Union fails in appeal to order the sale of family homes in West Cork

The Court of Appeal has found that making an order directing the sale of jointly owned family homes, to enable the discharge of a judgment debt obtained by a credit union against one of the spouses, would be to direct the sale of the family home over the wishes of an innocent spouse not a party to a commercial loan transaction and who had never formally consented to the same.

15 July 2016