Case archive

Court of Appeal: Man who tried to exclude rape acquittal from criminal record certificate has appeal dismissed

The Court of Appeal in Northern Ireland has dismissed the appeal of a man who tried to exclude a child rape acquittal from his Enhanced Criminal Record Certificate. The man, known as KC, applied to take up positions as a childcare assistant in a school and as a volunteer in a community organisation, but was considered to be ineligible due to the disclosure in the ECRC about the rape accusations. The High Court had previously ruled that the disclosure was acceptable in the case.

Court of Appeal in Northern Ireland — 10 February 2021

Court of Appeal: €110,000 award overturned for employee who slipped on steps at work

The Court of Appeal has allowed an appeal against a personal injuries award for a man who slipped and fell down set of steps at work.

Court of Appeal in Ireland — 9 February 2021

High Court: FBD Insurance liable to pay out to publicans for coronavirus losses under policy

In a landmark judgment, the High Court has ruled in favour of four pub owners who claimed that FBD Insurance was required to cover their losses for the enforced closure of business during the coronavirus pandemic.

High Court in Ireland — 8 February 2021

High Court: Former employee not entitled to pay from Aer Lingus while awaiting trial for dismissal due to drugs charge

The High Court has rejected an injunction application brought by a former Aer Lingus cabin crew member who was dismissed following a criminal charge for possession of cannabis and ecstasy.

High Court in Ireland — 5 February 2021

Court of Appeal: Commercial proceedings can be re-entered to court list due to breach of settlement agreement

The Court of Appeal has ruled that a plaintiff can re-enter Commercial Court proceedings which were struck out on consent in 2011. The proceedings had been settled prior to trial under a written settlement agreement and included a clause that the case could be re-entered into the Commercial List if there was a breach of the agreement.

Court of Appeal in Ireland — 3 February 2021

High Court: Leave to appeal rejected in controversial planning case for 245 high-rise apartments in Finglas

The High Court has refused an application to grant An Bord Pleanála leave to appeal a decision to overturn a planning permission for high-rise accommodation in Finglas. The controversial development permission had previously been quashed in July 2020 by Mr Justice Denis McDonald, who had concluded that the Board failed to provide satisfactory reasons for the planning permission.

High Court in Ireland — 2 February 2021

Court of Appeal: €65,000 award upheld for laceration injuries sustained by child while ice-skating

The Court of Appeal has upheld a personal injuries award for a child who suffered lacerations to her hand while ice-skating at a seasonal pop-up ice rink. The child had been awarded €65,000 in the High Court after the judge determined that the ice rink had been overcrowded and poorly supervised by the defendant.

Court of Appeal in Ireland — 1 February 2021

High Court: Irish Coursing Club fails to get injunction allow meetings during Level 5 restrictions

The High Court has refused to grant an interlocutory injunction to allow the Irish Coursing Club (ICC) to hold races during Level 5 lockdown.

High Court in Ireland — 29 January 2021

High Court: State risks falling short of 'moral ideal' over treatment of LGBT asylum seeker

A High Court judge has criticised the reasoning of the Minister for Justice and Equality in a decision refusing protection for an LGBT asylum seeker.

High Court in Ireland — 28 January 2021

High Court: Plaintiff’s action struck out for 'wholesale failure' to comply with court order

The High Court has struck out a plaintiff’s action for damages arising from the sale of a property for failing to comply with a court order. The court said that the plaintiff simply ignored the court order and that it was proportionate in all the circumstances to dismiss the action.

High Court in Ireland — 27 January 2021

Court of Appeal: €56,000 damages award overturned for woman scalded by hot water from shattered jug

The Court of Appeal has overturned a personal injuries award for a woman who was scalded by hot water after trying to make tea in a glass jug from Dunnes Stores. In the High Court, the plaintiff was awarded €56,000 after the trial judge held that the jug should have had a label to warn users not to place very hot water in the jug.

Court of Appeal in Ireland — 22 January 2021

Court of Appeal: Defendant 'blindsided' bank with submissions and must pay half costs of the hearing

The Court of Appeal has upheld a defendant’s appeal in part and remitted summary proceedings to the High Court to allow a bank to amend its summons with proper particulars of the debt, in line with the Supreme Court ruling in Bank of Ireland Mortgage Bank v. O’Malley [2019] IESC 84. However, the defendant was required to pay 50 per cent of the bank’s costs for the hearing because the defendant failed to raise the O’Malley point in her notice of appeal.

Court of Appeal in Ireland — 21 January 2021

High Court: Fair question to be tried in case concerning charge over lands

The High Court has found that a couple have established that there is a fair question to be tried as to the correct interpretation of a charge over their lands.

High Court in Ireland — 20 January 2021

Court of Appeal: Period of disqualification for dangerous driving causing life-changing injuries to small child reduced

The Court of Appeal has upheld a six-year sentence, with the final two suspended, handed down to a juvenile for dangerous driving that left a two-year-old with life-changing injuries. The judges adjusted another sentence handed down, and reduced the period of disqualification.

Court of Appeal in Ireland — 19 January 2021

Court of Appeal: plaintiff only needs to show evidence of 'special circumstances' to justify renewal of summons

The Court of Appeal has dismissed an appeal against the renewal of a personal injuries summons and has confirmed the proper legal test for the renewal of a summons under the recent amendment to Order 8 of the Superior Court Rules in 2018. In a High Court application to renew a summons, it will be sufficient for a party to show “special circumstances” to justify the renewal, the court said.

Court of Appeal in Ireland — 18 January 2021