Case Reports

The High Court has declared that a prisoner suffering with paranoid delusions lacked capacity to decide to refuse food, water and medical treatment. Delivering judgment for the High Court, Mr Justice Mark Heslin found that the making of the orders sought “is both a necessary and a proportionat

The European Court of Justice (ECJ) has answered questions posed by the Irish High Court as the interpretation of Article 4(4)–(6) of Directive 2011/92 and the obligations arising where information received from third parties during the planning process raises doubt as to the potential environ

The High Court has allowed an appeal by Debenhams Retail (Ireland) Limited against findings made in favour of a former employee in her test case before the Labour Court. Delivering judgment for the High Court, Mr Justice Anthony Barr opined that although the notification by Debenhams’ parent c

The High Court has dismissed a cattle dealer's action alleging negligence and breach of contract against his former solicitor in relation to the handling of failed 2015 proceedings. Delivering judgment for the High Court, Mr Justice Alexander Owens determined that “Finbar Tolan has not proved

The High Court has refused a plaintiff’s application seeking liberty for a barrister to directly represent him in his proceedings. Delivering judgment for the High Court, Ms Justice Siobhán Stack opined: "The suggestion… that the plaintiff’s right to be represented has some

The High Court has refused to dismiss proceedings alleging liability for personal injuries arising from ruptured breast implants as disclosing no reasonable cause of action. Delivering judgment for the High Court, Ms Justice Marguerite Bolger explained: “Given the emphasis the plaintiff places

Lewis Silkin lawyers Ciara Fulton and Orla Bingham consider the employment law landscape in Northern Ireland. Proposals for the introduction of miscarriage leave and ‘safe leave’ for victims of domestic abuse have recently been announced in Great Britain. These rights have been pending i

The Court of Appeal has determined that where a person subject to a suspended sentence is convicted of a further offence within their period of suspension, the court passing sentence for the new offence must, in the same sitting, remand that person to the original court which imposed their suspended

Northern Ireland’s Court of Appeal has provided sentencing guidance on the new offence of "non-fatal strangulation" (NFS). Delivering judgment for the Court of Appeal, Lord Justice Seamus Treacy remarked that “it is the duty of sentencing judges in Northern Ireland to give effect to the

The High Court has granted an order of certiorari in respect of the decision to revoke the residence card of a Pakistani national alleged to have engaged in a ‘marriage of convenience’ with a Latvian national in the State. Delivering judgment for the High Court, Ms Justice Sara Phelan ex

The High Court has opined on the failure to implement reforms suggested in the 2020 Kelly report as it refused to order discovery of documents which were likely already in the possession of the applicant party, finding that discovery thereof would not be "necessary". Delivering judgment for the High

The High Court has refused to grant leave for judicial review of a judge’s refusal to recuse herself due to allegations of bias and of an order lifting the in camera rule. Delivering judgment for the High Court, Ms Justice Mary Rose Gearty explained: “At its height, this is a case in whi

The High Court has granted a conditional order of garnishee against Enoch Burke’s salary to satisfy outstanding fines of €79,100 to the State. Delivering judgment for the High Court on Friday, Mr Justice David Nolan observed that “there is no reason in principle why the court cannot

The High Court has awarded damages of €83,563.97 to a man who suffered lumbar and leg injuries in a rear-ending collision in 2020. Delivering judgment for the High Court, Ms Justice Emily Egan found that the plaintiff’s refusal to undergo an epidural injection due to his fear of needles w

Northern Ireland’s High Court has declared that a man who was registered as the father of a child did not acquire parental responsibility of that child where he and the mother had perjured themselves. Delivering judgment for the High Court, Mr Justice David McFarland determined that “AB,