Case archive

Ex-farmer loses appeal, ending 29 year legal battle over bovine tuberculosis compensation

An ex-farmer who subsequently trained as a barrister has lost his appeal to amend his Statement of Claim in a case concerning the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1978 (S.I. 256/78) and his alleged right to compensation for the loss of cows which had tested positively for bovine tuberculosis.

1 February 2016

Man fails to show good reason for delay in pursuing case against his former solicitors

The Court of Appeal has refused a man’s appeal against the High Court’s decision to set aside an order renewing a plenary summons.

29 January 2016

High Court clarifies exceptional nature of secondary case procedural legitimate expectation in addiction centre judicial review

The High Court has dismissed an application for judicial review brought by a former heroin addict who argued he had a "secondary case procedural legitimate expectation" to have been consulted by the Department of Justice before they ceased funding for an addiction service.

28 January 2016

Man awarded damages for quarry injury, despite originally submitting false information

A man has been awarded €453,000 in damages after a digger ran over his foot in a quarry in Co. Donegal in June 2003, ultimately leaving him without most of it.

27 January 2016

High Court found to have erred in Rugby Club assault case, twelve years after decision

The Court of Appeal has found that the High Court erred in its interpretation of the facts in a case brought by a woman against the trustees of a rugby club in which she was assaulted.

26 January 2016

Bankrupts did not require information from bank in order to fill out statement of affairs

Two applicants have failed to secure an order requiring two banks and an individual to provide information they claim to need in order to fill out a statement of affairs.

25 January 2016

Sunday Newspapers Limited to pay damages for defamation after delaying in delivering of defence

The High Court has made a judgment in default of defence against Sunday Newspapers Limited T/A Sunday World and Eugene Masterson, after they failed to deliver a defence in response to a claim that they defamed the character of Paul McNamara in an article published in the Sunday World on 21st December 2014.

22 January 2016

Attempt to sue civil servants for acts of Land and Property Services deemed vexatious and abuse of process

A man has had his applications against the former CEO of the Northern Ireland Housing Executive, the former CEO of the Land and Property Services, and two civil servants struck out on the basis the action failed to disclose a reasonable cause of action, was frivolous and vexatious or was otherwise an abuse of process.

21 January 2016

Farmer loses appeal over time barred challenge of land transfer in family dispute

of proceeding in 2004, and that he could not both be an executor of his mother’s Will, and bring a challenge against it.

20 January 2016

Sentence for single assault found excessive due to youth of offender

A young woman has had her sentence for a single count of assault contrary to s.3 of the Non Fatal Offences Against the Person Act reduced, with the Court of Appeal finding that insufficient attention was given to the young age of the woman at the time of the offence.

19 January 2016

Director refused permission to represent company in intellectual property dispute

A managing director has been refused permission to represent his company in a dispute over an alleged breach of copyright.

18 January 2016

“Vexatious litigant” loses appeal against legal ban

A man has lost his appeal against an order pursuant to section 32(1) of the Judicature (Northern Ireland) Act 1978, which requires him to obtain the consent of the High Court before instituting or continuing any legal proceedings in any court or tribunal.

15 January 2016

Former surgeon’s attempt to restrain indecent assault prosecutions fails

A former consultant surgeon has failed to obtain an order from the Court of Appeal restraining the prosecution of a number of indecent assault offences which allegedly took place between the 1960s and 1990s.

14 January 2016

Judge correctly identified burden of proof for diminished responsibility in murder trial, man’s conviction upheld

A man has lost an appeal against his conviction for murder after unsuccessfully arguing the trial judge had incorrectly advised the jury as to the standard of proof in relation to the defence of diminished responsibility.

13 January 2016

Use of factory land not a legal right of way

The High Court has found that a family’s use of factory land in order to access their cottage does not constitute a legal right of way, as it arose out of the family’s connection to the factory, and subsequently out of a relationship of tolerance and reciprocity.

12 January 2016