Case archive

High Court: Doctor’s lack of basic knowledge should have been clear if interview process was ‘worth its salt’

A doctor who worked as a senior house officer (SHO) in obstetrics and gynaecology at University Maternity Hospital Limerick (UMHL) has been suspended from the Register of Medical Practitioners due to a lack of basic medical knowledge and competence.

High Court in Ireland — 8 November 2018

Court of Appeal: Priest who sexually abused and raped 12-year-old has sentence reduced

A former parish priest who sexually abused and raped a 12-year-old boy has been successful in his appeal against the severity of his sentence.

Court of Appeal in Ireland — 7 November 2018

High Court: Vulture fund granted €1.3m summary judgment against Dublin man

A vulture fund has been granted summary judgment against a man who secured loans from Anglo Irish Bank in 2008, which were bought by the fund from IBRC in 2014.

High Court in Ireland — 6 November 2018

Supreme Court: Trial judge did not misdirect jury in prison officer’s trial for drug possession

The Director of Public Prosecutions has successfully appealed the finding that a trial judge misdirected a jury in a prison officer’s trial for possession of €6,000 worth of drugs.

Supreme Court in Ireland — 5 November 2018

Supreme Court: Minister for Education was not employer of teacher in grant-aided school

A woman who taught in a grant-aided pre-school in Galway for over 20 years, but was not admitted to the Teachers Superannuation Scheme, has had her award of compensation overturned in the Supreme Court.

Supreme Court in Ireland — 2 November 2018

Court of Appeal: Part-time teacher entitled to compensation for being excluded from Superannuation Scheme

A part-time pre-school teacher has been awarded €10,000 in compensation after the Court of Appeal upheld Labour Court and High Court findings that the woman was an employee of the Minister for Education and Skills, and had been treated less favourably than full-time workers by not being admitted to the National Teachers Superannuation Scheme.

Court of Appeal in Ireland — 28 February 2017

High Court: Rider thrown off horse awarded over €77k for personal injuries

A man who was thrown off a horse while he was working at a farm in Cork has been awarded €77,345 in the High Court.

High Court in Ireland — 1 November 2018

Labour Court: Woman who was seven months pregnant at time of her dismissal was not unfairly dismissed

A woman who was seven months pregnant at the time of her dismissal from a job in which she worked for approximately 10 weeks, has lost her appeal to the Labour Court.

Labour Court in Ireland — 31 October 2018

High Court: Convicted paedophile facing extradition to US loses application to be tried in Ireland

A man who was arrested pending extradition to the US upon his release from a term of imprisonment for child sexual assault and child pornography convictions in Ireland, has lost an application for judicial review in which he sought to be prosecuted in Ireland for offences investigated in the US.

High Court in Ireland — 30 October 2018

High Court: Injurious and harmful consequences outweigh public interest in ordering woman’s extradition to US

The ‘truly exceptional’ personal and family circumstances of a mentally-ill woman have been found to outweigh the public interest in her extradition to the US, where she faces five alleged offences of drug trafficking and money laundering.

High Court in Ireland — 26 October 2018

Supreme Court: District Court judge misconstrued Cullen principles in finding drink-driving arrests unlawful

Three men who were handcuffed when they were arrested on suspicion of separate drink-driving offences have lost their appeal to the Supreme Court regarding the lawfulness of their arrest.

Supreme Court in Ireland — 25 October 2018

Court of Appeal: Man granted injunction restraining IPAT from hearing appeal pending outcome of test case

A man has been granted an injunction restraining the International Protection Appeals Tribunal (IPAT) from further processing his appeal against the refusal of his applications for refugee status and subsidiary protection, which were examined by a contractor

Court of Appeal in Ireland — 24 October 2018

Divisional Court: Application for injunction to restrain use of Boston Tapes dismissed

A man who provided interviews in the “Boston Tapes” project documenting paramilitary involvement in Northern Ireland during the Troubles has had his application for an injunction restraining their use by the PSNI dismissed by the Divisional Court.

High Court in Northern Ireland — 23 October 2018

Supreme Court: Judge infringed fair procedures in determining issue not specifically pleaded

The question of vires has been remitted to the High Court for re-argument in judicial review proceedings. Finding that, although alluded to, the specific argument of vires had not been raised in the High Court, Mr Justice John MacMenamin said that the High Court judge’s determination that the Minister for Education and Skills had acted ultra vires s. 15(6) of the Vocational Education Committee (Amendment) Act 2001 was a ‘mischance’ amounting to a departure from fair procedures.

Supreme Court in Ireland — 22 October 2018

Supreme Court: Managing director does not have right to represent company in Court

The managing director and principal shareholder of a fishing company has been unsuccessful in challenging the rule that, in the absence of exceptional circumstances or otherwise provided by statute, companies must be represented by lawyers with a right of audience in court proceedings.

Supreme Court in Ireland — 19 October 2018