Case archive

High Court: Man who bought a house for his parents in 1996 loses application to throw out his sister’s challenge to 2013 conveyance

A man who entered into an agreement with his parents in 1996 wherein he purchased a house for them through a tenant scheme, has lost his application to strike out proceedings brought against him by his sister.  The man’s sister is seeking to set aside the conveyance of the house to him in 2013 on grounds of undue influence and/or duress. Refusing the application, Mr Justice Garrett Simons said the case could not be decided on the basis of documentation submitted to the court and that the high threshold for striking out proceedings had not been reached.  

High Court in Ireland — 27 June 2019

High Court: Woman who claimed she would face inhuman and degrading treatment in Algeria loses application for judicial review

A woman who was refused refugee status and declared ineligible for subsidiary protection has lost an application for judicial review of an International Protection Appeals Tribunal decision. Finding that the risk of prosecution for “irregular exit” from Algeria did not amount to inhuman and degrading treatment or punishment, Mr Justice David Keane also agreed with the IPAT that there wasn’t a risk of indiscriminate violence in Algeria putting her at risk of serious harm.

High Court in Ireland — 26 June 2019

High Court makes order for return of children who were wrongfully removed from Canada

The High Court has made an order for the return of two children who were wrongfully removed from Canada without their father’s consent in February 2019. Rejecting all of the individual objections raised by the children’s mother, Ms Justice Aileen Donnelly said none of the objections reached the level of grave risk being returned to an intolerable situation and that an order for return was in the children’s best interests.

High Court in Ireland — 25 June 2019

High Court: Convicted murderer who was found with knife and blades in his cell loses application for judicial review

A convicted murderer who was sanctioned upon the discovery of a knife and a bag of razor blades in his cell has lost an application for judicial review of decisions made during the disciplinary process. Refusing the application, Ms Justice Miriam O’Regan found no breach of fair procedure on the part of the Governor or Wheatfield Prison.

High Court in Ireland — 24 June 2019

Workplace Relations Commission: Former hotel receptionist awarded €21k for unfair dismissal

A man who was dismissed via email and met by Gardai when he returned to work the following day has been awarded €21,050 in compensation for unfair dismissal and technical breaches of employment legislation. Finding that the man’s dismissal was procedurally fatally flawed, Adjudication Officer Michael McEntee said the actions of the complainant required a 25% reduction in the award in lieu of his contribution towards the dismissal.

Labour Court in Ireland — 21 June 2019

High Court: Woman who was refused refugee status loses application for judicial review

A woman who claimed to have a well-founded fear of persecution on the ground of her religion if returned to Nigeria has lost her application for judicial review of the decision that she should not be declared a refugee. Upholding, inter alia, the finding that there was adequate state protection available to the woman against the religious cult she claimed would kill her, Mr Justice David Keane found no error in the decision to refuse refugee status.  

High Court in Ireland — 20 June 2019

High Court: Judge refuses to make an order for surrender of man to Poland under European Arrest Warrant

The High Court has refused to grant an order for the surrender of a man to Poland pursuant to a European Arrest Warrant issued in 2018.

High Court in Ireland — 19 June 2019

Court of Appeal: PSNI officers entitled to claim for underpayment of holiday pay from 1998

The Court of Appeal in Belfast has held that PSNI officers can pursue claims for holiday pay from the date of commencement of the Working Time Regulations (NI) 1998, and are not confined to a three-month limitation.

Court of Appeal in Northern Ireland — 18 June 2019

High Court: Student awarded €92K in damages for injuries caused by collision

A 20-year-old woman who was injured when the car in which she was a passenger was involved in a collision has been awarded €92,115 in damages for pain and suffering to date and into the future.

High Court in Ireland — 17 June 2019

High Court: Man wins appeal against Circuit Court finding that uncle's will was invalid

A man who was left a 55-acre farm in his uncle’s only will, which was made a few days before his death, has won an appeal against the finding of the Circuit Court that the will was invalid.

High Court in Ireland — 14 June 2019

High Court: Woman who fractured her elbow on 'white knuckle' boat ride loses claim against travel agent

A woman who suffered a fractured elbow in the course of a “White Knuckle Jet Boat Thrill Ride” which she booked through a travel agent prior to going on a cruise in the West Indies, has lost her claim for damages in respect of her injuries.

High Court in Ireland — 13 June 2019

High Court: Investigation into the 1973 murder of Daniel Carson 'flawed and inadequate'

An inquest into the death of Daniel Carson, a young Catholic who was murdered as he left work near the lower Shankill in 1973, has found that the investigation into his death was “flawed and inadequate”.

High Court in Northern Ireland — 12 June 2019

Newspapers fail in appeal against libel actions as serious harm test is satisfied

News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied.

UK Supreme Court in United Kingdom — 12 June 2019

High Court: Woman awarded damages in 'shambolic' claim in lieu of specific performance

A woman who brought a claim against a builder who refused to complete a contract for the sale of land which she had already started to build on has been awarded over €77,000 in damages.

High Court in Ireland — 11 June 2019

High Court: Woman awarded €85,000 in general damages for 10mph crash

A woman whose car was rear-ended at traffic lights has been awarded €85,000 in general damages for pain and suffering caused by the accident.

High Court in Ireland — 10 June 2019