Case archive

Court of Appeal upholds High Court will construction in bequeathed land used for garden

The Court of Appeal has upheld the High Court’s construction of a will, following a dispute between the will’s executor and his nephew over the use of land as a garden.

19 April 2016

Grand Chamber to deliver judgment on murderer’s complaint about sentence

The European Court of Human Rights will be delivering a Grand Chamber judgment in the case of Murray v the Netherlands at a public hearing on 26 April.

19 April 2016

High Court upholds FSO decision in money withdrawal dispute

The High Court has upheld a decision by the Financial Services Ombudsman to dismiss a complaint brought by a couple who claimed their bank had lost €9,418 of their money.

18 April 2016

Trial judge decision not to give corroboration warning in sexual assault case upheld

The Court of Appeal has upheld a trial judge’s decision not to give the jury a corroboration warning in a sexual assault case, noting that mandatory corroboration warnings have been abolished, and an appeal judge should only intervene when the decision was made on an incorrect legal basis or was clearly wrong in fact.

15 April 2016

High Court finds video-taping strip searches has no basis in law

The High Court has allowed an application for judicial review of the Northern Ireland Prison Service’s policy to video-tape strip searches by force and retain the video for six years, finding that such a policy had no basis in law.

14 April 2016

High Court declines to order security for costs in misfeasance case against FÁS

The High Court has declined to make an order requiring Euro Safety & Training Services to pay several hundred thousand euros upfront by way of security for the costs of proceedings brought against An Foras Áiseanna Saothair (FÁS), finding that the case was of public interests due to allegations of misfeasance in public office.

13 April 2016

Failure to investigate Roma woman's allegations of racial abuse from right-wing paramilitary violated article 8, rules Strasbourg

A Hungarian national of Roma origin’s complaint that the authorities failed to investigate allegations she suffered racial abuse and threats from participants in an anti-Roma march has been upheld by a majority at the European Court of Human Rights.

13 April 2016

20-minute observation before breath-alcohol tests does not make detention unlawful

The High Court has found that the 20-minute observation period traditionally used by the Gardaí before taking a breath-alcohol test did not make the detention of suspects unlawful.

12 April 2016

Luxembourg: hyperlinking to website infringing copyright is not itself infringement

Advocate General Wathelet of the Court of Justice of the European Union (CJEU) has stated the posting of a hyperlink to a website which published photos without authorisation does not in itself constitute a copyright infringement. The motivation of the person who placed the hyperlink and the fact that this person knew or should have known that the initial communication of the photos on other sites was not authorised are not relevant.

12 April 2016

Lack of business skills insufficient objection to power of attorney registration

The High Court has ruled against a man who objected to the registration of an Enduring Power of Attorney made on 20th July 2012 by his mother (the Donor) appointing her daughter as Attorney.

11 April 2016

High Court finds company underpaid employees and created contract designed to avoid employment law obligations

The High Court has found that three Portuguese companies that traded in Ireland as a partnership known as RAC Eire Partnership, failed to pay its employees for the amount of hours they worked, made unreasonable deductions from their pay, and designed a contract of employment that would conceal their intention to avoid abiding by Ireland’s employment laws.

8 April 2016

High Court finds Minister for Environment acted ultra vires in adopting Belfast Plan

The High Court has found that the Minister for the Environment acted ultra vires under the Northern Ireland Act 1998 and Ministerial Code, following his unilateral adoption of the Belfast Metropolitan Area Plan, without Executive agreement.

7 April 2016

Review of employer’s refusal to fund legal qualification dismissed due to delay

The Supreme Court has dismissed a judicial review appeal brought by an employee of the Review Commissioners, who disputed the Commissioners’ decision not to fund her professional legal qualification. The Supreme Court found that there had been too long a delay since the employee was first notified of the refusal.

6 April 2016

Solicitor struck off to 'maintain the reputation of the solicitor profession'

The High Court has ordered for a solicitor, Mr Patrick Enright, to be struck off the Roll of Solicitors, as a result of fraudulent activity carried out by him in 1994. The Law Society had brought the application following a finding by the Disciplinary Tribunal that Mr Enright was not a fit person to be a member of the solicitor’s profession and should be struck off.

5 April 2016

Court of Appeal clarifies law on legal burdens in unnotified procession case

The Court of Appeal has found that section 6(8) of the Public Processions (Northern Ireland) Act 1998 can be interpreted as applying a legal burden of proof on defendants accused of taking part in unnotified processions.

4 April 2016