Case archive

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

Intellectually disabled teen receives damages for trauma caused by dishwasher fire

The High Court has awarded a teenage boy €51,244.56 in damages, after a fire in his home caused by a Hotpoint dishwasher caused him trauma, anxiety and distress.

11 January 2016

High Court finds single trustees have standing to seek review of Charity Commission for Northern Ireland decisions

The High Court of Justice in the Northern Ireland Chancery Division has found that the Charity Tribunal incorrectly ruled that individual charity trustees did not have standing to seek review of decisions by the Charity Commission for Northern Ireland.

8 January 2016

Labour Court decision in case of dismissal of disabled Special Needs Assistant upheld

The High Court has upheld a decision of the Labour Court in which it awarded €40,000 to a woman as a result of her dismissal from a school following her paralysis from the waist down.

7 January 2016

Rape suspect to be surrendered to Sweden following failed objections to pre-trial detention laws

A man has failed in his attempt to avoid surrender to Sweden for criminal prosecution on a single count of rape. He had argued that Swedish pre-trial detention laws placed him at risk of a breach of his fundamental rights.

6 January 2016

Evidence resulting from undercover test purchasing of drugs ruled admissible on appeal

A man, Mr Robert Mills, has had his appeal against his conviction for the possession of a controlled drug with the intent to supply dismissed by the Court of Appeal.

5 January 2016

Appeal against pension benefits of former Trinity College Secretary fails

An appeal brought against the Pensions Ombudsman by the Department of Public Expenditure and Reform, the Department of Education, and the Higher Education Authority with regards to the pension benefits granted to Michael Gleeson, who was granted permission to retire at 60 with full pension, has failed.

24 December 2015

Man fails to prove necessity of legal aid for counsel in Circuit Court proceedings

A man who sought legal aid for counsel in an appeal against a driving conviction has failed to have a non-statutory legal aid scheme declared ultra vires because he had not proven any need for it.

23 December 2015

Property transfers rendered void as attempt to protect land from being given to plaintiff in sexual abuse case

The Court of Appeal has upheld a judgment which found two property transfers from Mr Michael Quigley to his wife to be void, due to them being fraudulent attempts to protect the properties from being used to satisfy any judgment that might result from the plaintiff Dana Doherty’s allegations of sexual abuse.

22 December 2015

NI: Court unable to read abortion law as European Convention compliant

Following his full judgment on 30 November, Horner J of the Northern Ireland High Court of Justice has found that it is not possible to read Northern Ireland’s abortion law in a way that is compatible with the European Convention on Human Rights.

21 December 2015

Admissibility of Garda Chief Superintendent’s belief of man’s IRA membership as evidence held constitutional

A man has failed in his attempt to have section 3(2) of the Offences Against the State (Amendment) Act 1972 declared unconstitutional.

18 December 2015

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