Case archive

Supreme Court allows additional grounds in appeal, due to ‘transitional phase’ of Court

The Supreme Court has given leave for a respondent in an appeal to rely on additional grounds, despite not including them in the respondent notice, finding that a degree of latitude should be given in light of the Court being in a transitional phase.

17 May 2016

Court of Appeal finds judge should have recused himself in contempt of court proceedings

The Court of Appeal has found that Hedigan J should have recused himself in a case concerning contempt of court, as previous statements made by the judge satisfied the objective bias test.

16 May 2016

The Supreme Court holds interception of cocaine in post not illegal

The Supreme Court has found that evidence obtained as a result of the interception of a postal package in Germany was admissible in a case against the eventual recipient of the package.

13 May 2016

High Court to hear adoption revocation appeal on merits

The Northern Ireland High Court of Justice Family Division has determined that it may hear an appeal against a decision not to revoke a freeing order on its merits, finding that such an approach is in line with a European Convention on Human Rights compatible interpretation of the Adoption (Northern Ireland) Order 1987.

12 May 2016

UKSC dismisses appeal by NI Commissioner for Complaints over lack of power to recommend consolatory payment

The UK Supreme Court has unanimously dismissed an appeal by the Northern Ireland Commissioner for Complaints against a ruling which found he had no power to recommend a consolatory payment or to lay a special report before MLAs in the case of a GP following a finding of maladministration.

12 May 2016

High Court quashes ‘unfair’ decision of Garda Commissioner in transfer dispute

The High Court has quashed a decision of the Commissioner of An Garda Síochána which upheld an original decision to transfer a woman to another Garda Station, on the grounds that the decision was contrary to fair procedures and in breach of natural and constitutional justice for failure to give reasons.

11 May 2016

Company loses VAT deduction appeal against HMRC at UK Supreme Court

The UK Supreme Court has dismissed a company’s appeal against HM Revenue and Customs’ (HMRC) contention the company was not entitled to deduct VAT on accountant’s fees as input tax under the contract.

11 May 2016

Attempt to challenge second Lisbon Treaty Referendum through judicial review fails in Supreme Court

The Supreme Court has upheld the High Court’s decision to refuse to grant leave to Harry Rea to apply for judicial review, following Mr Rea’s attempt to seek an order from the High Court that the result of the second Lisbon Treaty Referendum, taken on 2 October 2009, should be declared null and void.

10 May 2016

Personal Injuries Board’s second authorisation for claim on same facts held to be invalid

The Court of Appeal has dismissed an appeal against a High Court decision, in which Kearns J held that the Personal Injuries Assessment Board (PIAB) could not issue a second authorisation allowing a claim for damages to be brought, in respect of the same facts and injury.

9 May 2016

Court of Appeal rules that matters dealt with by Financial Services Ombudsman cannot be subject of fresh High Court proceedings

The Court of Appeal has dismissed an appeal brought by Mr Damien Murphy, in which he challenged a finding of the High Court that his case seeking damages against Canada Life Assurance Ireland Limited and Irish Life Assurance Plc should be struck out on the grounds that the plaintiff disclosed no reasonable cause of action, essentially because the matter had already been addressed by the Financial Services Ombudsman (FSO).

6 May 2016

Judge recused from defamation case due to article written about plaintiff

Mr Justice Col MacEochaidh has agreed that he be recused from hearing any matter connected with defamation proceedings brought by Declan Ganley against RTE.

5 May 2016

Reversed conviction due to European Convention breach does not give rise to compensation

Northern Ireland's Court of Appeal has dismissed an appeal against the High Court, which upheld a decision of the Department of Justice to refuse a man compensation pursuant to Section 133 of the Criminal Justice Act 1988 because the reversal of his conviction was not on the ground of a new or newly discovered fact.

4 May 2016

Luxembourg dismisses challenges against directive on tobacco products

The extensive standardisation of packaging, the future EU-wide prohibition on menthol cigarettes and the special rules for electronic cigarettes, embodied in the EU directive on tobacco products, are lawful, the Court of Justice of the European Union has ruled

4 May 2016

Question of whether examination scripts constitute personal data to be referred to European Court

The Supreme Court is to refer questions to the European Court of Justice as to the status of examinations scripts as personal data, following a case in which a man sought an appeal of a decision by the Data Protection Commissioner, in which it determined that such scripts did not constitute personal data.

3 May 2016

Challenge to Minister’s refusal to allow sex offender sentence transfer found to be unarguable

The High Court has found that an applicant’s challenge of a decision by the Minister for Justice and Equality, in which she refused to allow him to transfer his sentence from the UK to Ireland, was unarguable, as the Minister was not obliged to accept such transfers, and had not acted unreasonably in her refusal.

29 April 2016