Case archive

Hearsay evidence correctly admitted in bank loan default case

The Supreme Court has upheld the High Court’s decision to allow an affidavit by the Senior Relationship Manager with the Global Restructuring Group of Ulster Bank as sufficient evidence of a loan which had been defaulted on by Messrs Rory O’Brien, Danny O’Brien and Michael McDermott, as to justify summary judgment.

17 December 2015

Decision awarding special needs assistant damages for bullying overturned by Court of Appeal

The Court of Appeal has allowed an appeal by the Board of Management of St. Anne’s School, which challenged the awarding of €255,276 in damages to Ms Una Ruffley on foot of her claim for bullying and harassment during her employment as a special needs assistant at St. Anne’s School.

16 December 2015

Court grants non-suit in Cork nightclub music copyright case

The High Court has granted a non-suit in a case where infringement of copyright was alleged in sound recordings played in the Savoy Nightclub and Theatre in Cork City.

15 December 2015

UK: Indian ‘overstayer’ who married British woman wins human rights appeal over refused application for leave to remain

An Indian student who married a British woman has successfully challenged a decision to refuse his application for leave to remain in the UK as a spouse and to certify his human rights claim as “clearly unfounded”.

15 December 2015

Committal for contempt of court due to non-payment of child maintenance found unlawful

The High Court has found that the detention of a father for contempt of court, arising due to non-payment of child maintenance, is unlawful.

14 December 2015

Court of Appeal declines to invite State to engage in mediation in oyster farm pollution dispute

in complex and lengthy mediation, meant that an Order was in this case inappropriate.

11 December 2015

Northern Ireland murder and arson convict loses appeal against conviction

Louis Maguire has lost his appeal against his conviction for murder and arson with intent to endanger life, after arguing that he had not received a fair trial, due in part to being unrepresented for a large part of the trial.

10 December 2015

Contaminated horse feed case allowed to proceed to trial despite inordinate and inexcusable delay

The Court of Appeal has allowed a case concerning contaminated horse feed to proceed to trial despite the inordinate and inexcusable delay of the plaintiff, finding that the balance of justice did not favour the dismissal of the proceedings.

9 December 2015

Costs orders against District Judge to be remitted to High Court

of the Respondent at this time”.

8 December 2015

Suspension on DIT campus contract lifted

The High Court has lifted an automatic suspension which had prevented the National Treasury Management Agency and Minister for Education and Skills from concluding a contract for the construction of a new DIT campus at Grangegorman.

7 December 2015

Teen with personality disorder to be released from involuntary detention

A young woman suffering from a borderline emotionally unstable personality disorder has been found to have legal capacity to make decisions about her own care and is to be released from involuntary detention in a heath facility in Scotland and returned to Ireland.

4 December 2015

Judicial review refused in human trafficking asylum case

A woman who sought judicial review of a decision of the Refugee Applications Commissioner on the grounds the Commissioner did not have regard to her status as a victim of human trafficking has had her application refused.

3 December 2015

NI woman knowingly abandoned appeal against murder conviction

A woman convicted of the murder of two individuals has had her application to nullify the abandonment of her appeal in respect of one of the murders rejected.

2 December 2015

NI law on abortion found incompatible with human rights

The High Court in Northern Ireland has found that the outright ban on abortion breaches Article 8 of the European Convention on Human Rights, in that it denies women and girls who are victims of rape and incest, as well as those suffering from fatal foetal abnormalities access to legal abortions.

1 December 2015

Guinness pension dispute allowed to proceed

A former employee of Guinness is to be allowed to continue with his case against the company – in which he claims certain assurances made about his pension arrangements have not been honoured.

30 November 2015