The Court of Appeal has allowed an appeal against a finding of invalidity of a drug patent, noting that in the High Court’s 900+ page judgment the trial judge failed to "a very large extent" to make essential findings of fact. Delivering judgment for the Court of Appeal, Ms Justice Caroline Co
Case Reports
The Court of Appeal has determined that Revenue failed to adequately particularise its claim in accordance with O. 4, r. 4 RSC as discussed in Bank of Ireland Mortgage Bank v O’Malley [2019] IESC 84, but that fresh evidence admitted on appeal explained the discrepancies in the sums notified to
The Supreme Court has determined that prior to the amendments introduced by s.13 of the Road Traffic Act 2024, the Road Traffic Act 2010 still required drivers to wait at checkpoints pending the outcome of a roadside drug test. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Mal
High Court: Order in favour of a dealership which ‘clocked up’ 13,500km on couple’s car is set aside
The High Court has set aside an order of the Circuit Court summarily ordering the return of a ‘courtesy car’ to a dealership, finding that a plenary trial should take place instead before the High Court. Delivering judgment for the High Court, Mr Justice Garrett Simons determined that th
The High Court has granted an order pursuant to s.3 of the Legal Practitioners (Ireland) Act 1876 to James Lucey & Company in respect of outstanding counsels’ fees due to a former client. Delivering judgment for the High Court, Mr Justice Oisin Quinn determined that “there is no clos
The High Court has awarded €17,500 in general damages to a cleaner who gradually developed contact dermatitis on her hands through exposure to chemical cleaning substances at work. Delivering judgment for the High Court, Ms Justice Nuala Jackson determined that “the dermatitis in this ins
The High Court has acceded to an application made by a defendant solicitor seeking to dismiss 2010 professional negligence proceedings against him on grounds of delay, the solicitor’s first such application having failed before the High Court in 2021. Delivering judgment for the High Court, Ms
The Supreme Court has determined that the District Court could, at the case-management stage, refuse to accept jurisdiction of criminal cases in respect of which it had previously accepted jurisdiction. Delivering judgment for the Supreme Court, Mr Justice Peter Charleton determined: “If a col
A coroner in Northern Ireland has determined that the use of lethal force by British Army soldiers which led to the shooting and subsequent death of Francis Bradley in 1986 was justified, reasonable and appropriate. Delivering judgment for the High Court, His Honour Judge Peter Irvine KC highlighted
The High Court has determined that a decision of An Bord Pleanála refusing planning permission for a high-rise apartment block development in North Wall should be quashed and that the matter should be returned to the point in time when the mistake in the decision-making process occurred. Deli
The Supreme Court has dismissed the appeal of a mother whose carer’s allowance was reduced on a means-tested basis when her son’s father began residing with their family. Delivering the lead judgment for the Supreme Court, Mr Justice Maurice Collins emphasised that the Supreme Court&rsqu
The Supreme Court has dismissed the appeal of two women who were charged with offences introduced by the Health (Amendment) Act 2021 when they refused to enter mandatory quarantine upon the return from the UAE in 2021. Delivering judgment for the Supreme Court, Ms Justice Aileen Donnelly determined
The High Court has rejected an application for interlocutory reliefs preventing the development of the former Crown Paints site at Coolock, Co Dublin for use as accommodation for international protection applications and for use as an IPAS Accommodation Centre. Delivering judgment for the High Court
The High Court has granted a stay on the implementation of part of a decision by the Irish Aviation Authority which purported to cap passenger numbers in Dublin Airport in 2025. Delivering judgment for the High Court, Mr Justice Barry O’Donnell opined: “The potential consequences of a po
The High Court has set aside third party proceedings issued by Dublin City Council against Irish Water in light of a four-year delay. Delivering judgment for the High Court, Mr Justice Conleth Bradley stated that “if the underlying policy is to put the third party in as good a position as poss