Case Reports

A man who robbed a 16-year-old boy of €15, with the threat that he had a knife in his pocket, has had his suspended sentence replaced by a custodial sentence. Delivering the judgment of the three-judge Court of Appeal, Mr Justice Hedigan found that the trial judge had made an error in principle by

A man who suffered severe burns while resident at a Salvation Army hostel in Dublin has failed to prove that the charity was liable for his injuries. Ms Justice Bronagh O’Hanlon found that the Salvation Army had taken reasonable care for the safety of its residents at all times, and that the attac

A woman who was awarded €16,818.75 by the Rights Commissioner for being unfairly dismissed by her employer, and who was unable to collect the award before her employer became insolvent, has successfully argued that the State failed to implement EU legislation which would have allowed her to be pai

A part-time pre-school teacher has been awarded €10,000 in compensation after the Court of Appeal upheld Labour Court and High Court findings that the woman was an employee of the Minister for Education and Skills, and had been treated less favourably than full-time workers by not being admitte

A woman who brought a challenge to the development of a wind farm beside her home has had her case referred to the Court of Justice of the European Union. Ms Edel Grace and Mr Peter Sweetman brought a challenge to a permission granted by An Bórd Pleanála to permit the development of a wind farm o

The Child and Family Agency, in a case involving the removal of two children from their parents, has been unsuccessful in challenging the writ of habeas corpus which was granted in the High Court as a result of parents’ lack of legal representation. The Child and Family Agency brought the appeal c

The Minister for Justice and Law Reform has successfully appealed an Order of the High Court, which quashed the Minister’s decision to affirm an Armenian national’s deportation order. Delivering the judgment of the three-judge Court of Appeal, Mr Justice Michael Peart found that the trial judge

An appeal against a provision of immigration entry rules requiring non-EEA applicants to have a specified minimum income by an applicant who failed to meet this requirement has been unanimously allowed by Justices in the Supreme Court on the basis of extreme interference with family life while four

The High Court has made orders temporarily freezing the assets of a Co Galway businessman who AIB claims gave untrue evidence when being cross examined about his assets before the Master of the High Court. The application for the Mareva injunction was obtained by AIB Mortgage bank against Mr Joe McC

A member of the Gardaí has been awarded €52,000 in respect of a Road Traffic Accident (RTA) that occurred in the performance of his duties in 2002. In the High Court judgment, Mr Justice Bernard Barton accepted that ongoing injuries were unrelated to the RTA, and were largely aggrivated by an ass

A man who claimed, inter alia, that law firm McCann FitzGerald hired a private detective who threatened him and his family, has had his appeal dismissed by the Supreme Court. The man sought damages for nuisance, and alleged that the actions of McCann Fitzgerald and a number of other solicitors firms

A woman who waited two years for a decision on subsidiary protection has been awarded nearly €2,000 for the consequent delay on her application for child benefit in respect of her son. In the High Court, it was found that the failure to communicate a decision within a year was in breach of the wom

A solicitor who has had conditions imposed on his practicing certificates for the last three years has had his case against the Law Society of Ireland dismissed in the Court of Appeal. Mr John F. Condon sought to appeal two decisions in the High Court relating to conditions imposed on his 2015 and

Under Directive 93/42 on medical devices, a notified body involved in the procedure related to the EC declaration of conformity is not under a general obligation to carry out unannounced inspections, to examine devices and/or to examine the manufacturer’s business records. However, where it is pre

The High Court in Belfast declined jurisdiction in the case of a Police Service of Northern Ireland (PSNI) Inspector who brought an application for judicial review, finding that the matter was not to be treated as one of public law. The inspector, Ms Pamela Colville, brought an application for judic