Case Reports

The Court of Appeal has overturned a man’s conviction for sexual assault on his young cousin due to a defect in the trial judge’s charge to the jury. Delivering judgment for the Court of Appeal, Mr Justice Peter Charleton considered that: “Proof in a criminal trial is beyond reason

The High Court has set aside a renewal order in respect of a 2015 personal injuries summons where, despite negligence and misconduct on part of the plaintiff’s original solicitor, the court found no special circumstances which could have justified the making of that order. Delivering judgment

The Supreme Court has dismissed the appeal of a man who falsely imprisoned and brutally assaulted his partner at various locations in Dublin city centre. Delivering the leading judgment for the Supreme Court, Ms Justice Iseult O’Malley observed that s.40 of the Domestic Violence Act 2018 &ldqu

Northern Ireland’s High Court has made declarations to the effect that an elderly woman suffering with dementia lacks capacity and can be transferred from hospital to a nursing home for continued care. Delivering judgment for the High Court of Northern Ireland in November, Mr Justice Michael H

The Court of Appeal has dismissed a challenge to the legislation which provides for the issuing of a “single guilty verdict not requiring unanimity” by the Special Criminal Court. Delivering judgment for the Court of Appeal, Ms Justice Niamh Hyland highlighted that the appellant "is not

The Court of Appeal has dismissed an appeal against conviction notwithstanding that evidence of a doctor called by the prosecution should not have been elicited in re-examination or allowed by the trial judge. Delivering judgment for the Court of Appeal, Mr Justice Brian O’Moore emphasised: &l

The High Court has refused to grant injunctive relief to former licencees of Mattress Mick’s trademarks. Delivering judgment for the High Court, Ms Justice Marguerite Bolger was not satisfied that the plaintiffs had raised a serious issue to be tried and found that the “balance of justic

The High Court has refused an application for security for costs brought by a life assurance company which sold an investment property to a new purchaser in 2017, despite having already sold it to the plaintiff in 1991. Delivering judgment for the High Court, Mr Justice David Nolan reasoned: "The co

The Supreme Court has determined that s.39(3) of the Residential Tenancies Act 2004, which limits the statutory entitlement of certain family members to succeed to a tenancy on the death of the original tenant to those over 18 years of age, does not offend the Constitution. Delivering the lead judgm

The Supreme Court has held that a provision of the International Protection Act 2015 specifying the parameters for eligibility for family reunification applications is not contrary to law. Delivering judgment for the Supreme Court yesterday, Ms Justice Elizabeth Dunne and Mr Justice Maurice Collins

The Supreme Court has upheld the constitutionality of provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 which prescribe the offence of failing to comply with a request to provide passwords or biometric data to seized digital devices without lawful excuse. Delivering judgment for

The High Court has awarded €65,000 in general damages, including €30,000 for psychiatric injury, to the victim of a minor rear-ending accident. Delivering judgment for the High Court, Mr Justice Cian Ferriter determined that notwithstanding the court’s finding that the plaintiff had

The High Court has dismissed an appeal against a decision of a reconstituted LSRA Review Committee directing the closure of a complaint file. Delivering judgment for the High Court, Mr Justice Max Barrett explained that the position contended for by the appellant would “create a never-ending c

The Supreme Court has referred a question to the CJEU relating to the application of Article 22(5) of the Lugano Convention. Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan considered that the “very novelty and practical importance” of the issue of whether the appellan

Northern Ireland’s Court of Appeal has dismissed a father’s appeal against the High Court’s refusal to make an order for the return of his children from Northern Ireland to the Republic of Ireland. Delivering judgment for the Court of Appeal, Lady Chief Justice Siobhan Keegan expla