Case archive



High Court: Charity Commission cannot lawfully delegate decision-making functions to staff acting alone

The functions of the Charity Commission for Northern Ireland cannot lawfully be discharged by the staff of the Commission acting alone, the High Court in Belfast has ruled.

High Court in Northern Ireland — 17 May 2019

Supreme Court: Mandatory minimum sentence for possession of firearms repugnant to the Constitution

A man who was given a five-year custodial sentence for possession of a firearm has been granted a declaration that s.27A(8) of the Firearms Act 1964, which imposes a mandatory minimum sentence of five years, is repugnant to the Constitution.

Supreme Court in Ireland — 16 May 2019

Court of Appeal: Flying of Union Flag at government buildings and courthouses does not offend parity of esteem

A woman who objected to the Union Flag being flown at Omagh Courthouse on prescribed days has lost her appeal against the decision that the legislation did not breach the guarantee of parity of esteem under the Good Friday Agreement.

Court of Appeal in Northern Ireland — 15 May 2019

Court of Appeal: Religious education teacher who sexually assaulted six-year-old girl has sentence increased

A man who was convicted of sexually assaulting a six-year-old girl who attended his religious education class has had his sentence increased after the Director of Public Prosecutions appealed the sentence on grounds of undue leniency.

Court of Appeal in Ireland — 14 May 2019

Divisional Court: Convicted sex offender loses challenge to notification requirements

A man who was convicted of rape and indecent assault in 1996 has lost a challenge to the mechanism for reviewing notification requirements.

High Court in Northern Ireland — 13 May 2019

Supreme Court: Farmer loses appeal against appointment of receiver over payments from EU

A farmer who has had a receiver appointed over his payments from the EU under the Farm Single Payment Scheme since 2011 and its successor, the Basic Payment Scheme, since 2015 has lost his appeal to the Supreme Court.

Supreme Court in Ireland — 10 May 2019

Supreme Court: Man can proceed with negligence claim against An Garda Síochána

A man who brought proceedings against the State for negligence arising out of erroneous statements made in Sligo District Court by a member of An Garda Síochána can proceed with his claim.

Supreme Court in Ireland — 9 May 2019

Court of Appeal: High Court wrong to conclude Circuit Court judge must be joined as respondent in judicial review proceedings

The Court of Appeal has found that a High Court judge who struck out proceedings on the ground that they had been improperly constituted pursuant to the Rules of the Superior Courts was wrong in law to do so.

Court of Appeal in Ireland — 8 May 2019

Court of Appeal: Licence holder was entitled to apply for occasional licence for a de-licensed function room in hotel

The licence holder for a hotel in Toomebridge was entitled to apply for an occasional licence for a function room which had been de-licensed for under-age events, the Court of Appeal has ruled.

Court of Appeal in Northern Ireland — 7 May 2019

High Court: IBRC loses application for trial of preliminary issue in alleged negligence case

The Irish Bank Resolution Corporation (IBRC) has had its application for the trial of a preliminary issue of law refused in the High Court.

High Court in Ireland — 3 May 2019

Court of Appeal: District Judge erred in refusing to hear public interest immunity application

The Court of Appeal in Northern Ireland has held that a District Judge in the Magistrates’ Courts was not correct in refusing to hear an application made by the Public Prosecution Service (PPS) asserting public interest immunity of a document sought for disclosure.

Court of Appeal in Northern Ireland — 2 May 2019

Supreme Court: Former teacher can be prosecuted under ‘notorious’ section of Criminal Law Amendment Act 1885

A former teacher awaiting prosecution for historic sexual offences against one of his pupils has lost his appeal to the Supreme Court in which he argued that his prosecution under section 11 of the Criminal Law Amendment Act 1885 was unconstitutional.

Supreme Court in Ireland — 1 May 2019

Court of Appeal: Man convicted of raping his step-daughter loses appeal

A man who was sentenced to twelve years' imprisonment for raping and sexually abusing his step-daughter over a period of seven years has lost an appeal against his conviction.

Court of Appeal in Ireland — 30 April 2019

Court of Appeal: District judge had no power to refuse jurisdiction after accused had pleaded guilty

The Court of Appeal has ruled that a District Judge of the Magistrates' Court did not have the power to refuse jurisdiction and commit an accused who had already pleaded guilty to the Crown Court.

Court of Appeal in Northern Ireland — 29 April 2019

Workplace Relations Commission: Former Trinity lecturer awarded €6,144 in unfair dismissal claim

A former lecturer at Trinity College Dublin who was made redundant at the beginning of the 2018/2019 academic year has been awarded €6,144 after it was found that he was unfairly dismissed.

Workplace Relations Commission in Ireland — 26 April 2019