Case archive

High Court: Summary judgment granted against defendant despite counterclaim for damages

The High Court has granted summary judgment summary judgment against a defendant despite the defendant asserting a counterclaim for damages for breach of contract. The court described the defendant’s claim as “simply too vague” to stay the judgment and ordered that the defendant pay €125,600 including interest to the plaintiff.

High Court in Ireland — 15 January 2021

High Court: Renewed application for leave to apply for judicial review refused

The High Court has refused a renewed application for leave to apply for judicial review by a man, Dermot O’Callaghan, representing himself, who made the application by way of a written application submitted to the Central Office of the High Court. He is currently detained in Mountjoy Prison.

High Court in Ireland — 14 January 2021

Court of Appeal: Certiorari order upheld in residence card case

The Court of Appeal has upheld the judgment of the High Court granting certiorari of refusal of a residence card.

Court of Appeal in Ireland — 13 January 2021

High Court: Court opines that costs of interlocutory application follow the event

The High Court has found that two plaintiffs are entitled to the costs of an interlocutory application. However, as there is ongoing litigation between the parties, the judge held that they would hear submissions, and was prepared to stay the execution of that order pending the trial.

High Court in Ireland — 12 January 2021

High Court: Full costs awarded to partially successful applicants in judicial review proceedings

The High Court has granted an order for full costs despite the applicants only being partially successful in their judicial review proceedings. The court considered the case to be one of “general public importance”, raising significant issues regarding journalistic privilege and freedom of expression.

High Court in Ireland — 11 January 2021

Court of Appeal: Rapist loses appeal against use of 'recent complaint' evidence in trial

The Court of Appeal has dismissed an appeal against a rape conviction in which the defendant claimed that the trial judge had erred by allowing more than one “recent complaint” witness.

Court of Appeal in Ireland — 8 January 2021

High Court: Variance of barring order refused

In an “unhappy case in which a family has relocated from a non-EU/EEA state to Ireland, where things have not gone well thus far”, the High Court has held that it is not within its jurisdiction to vary a barring order ordered by the District Court in the manner sought by the man subject to the order.

High Court in Ireland — 7 January 2021

High Court: Costs may be awarded against a regulator in professional disciplinary proceedings

The High Court has held that the general “costs follow the event” rule applies in regulatory disciplinary matters which come before the courts.

High Court in Ireland — 6 January 2021

High Court: Ryanair ordered to pay costs of unsuccessful coronavirus challenge

The High Court has ordered that Ryanair must pay the State’s fees in its unsuccessful challenge of the legality of the Government of Ireland’s coronavirus travel advice.

High Court in Ireland — 5 January 2021

Court of Appeal: Defendants must provide particulars of 'bald denial' in personal injuries action

The Court of Appeal has ruled that the defendants in a personal injuries action must provide further information to the plaintiff about a “bald denial” in their defence.

Court of Appeal in Ireland — 24 December 2020

Court of Appeal: Company represented by director's leave for JR of planning appeal denied

The Court of Appeal in Northern Ireland has dismissed a company's application for judicial review of a decision to allow an appeal against an enforcement notice targeting a quarry.

Court of Appeal in Northern Ireland — 23 December 2020

High Court: Soldier B’s JR application over prosecution for 1972 murder dismissed

In a “rolled-up” judicial review hearing, the High Court of Justice in Northern Ireland, having granted leave, dismissed an application challenging the Director of Public Prosecution’s decision to prosecute a former soldier for the murder and wounding with intent of two men in 1972.

High Court in Northern Ireland — 22 December 2020

High Court: Examiner appointed over low-cost airline Norwegian Air with only six planes in use

The High Court has granted an application by Norwegian Air to appoint an examiner over six companies in the Norwegian Group. The court noted that the struggling company had met serious challenges in recent times, with the airline only having six planes in use due to the coronavirus pandemic. The court said that “radical measures” had been implemented in 2019 and 2020 but “still more is required”.

High Court in Ireland — 21 December 2020

Court of Appeal: Equitable damages award overturned after plaintiff relied on forged documents

The Court of Appeal has overturned a High Court award for equitable damages in circumstances where the plaintiffs relied on “obviously home-made” documents to support their claim.

Court of Appeal in Ireland — 18 December 2020

Supreme Court: Woman suing CMH clinical director awarded costs and granted declaration

The Supreme Court has awarded costs and granted a declaration to a woman who claimed that her constitutional and ECHR rights were breached when the clinical director of the Central Mental Hospital declined to facilitate variations to the conditions of her release.

Supreme Court in Ireland — 17 December 2020