Case Reports

In the High Court, Mr Justice David Keane has allowed two property companies and their controlling director, to succeed in an interlocutory application for a Mareva injunction – thereby restraining a former employee from "removing from Ireland, disposing of, dealing with or diminishing the value o

The Court of Appeal in Northern Ireland has allowed an appeal from the decision of an Industrial Tribunal (IT) which dismissed the claim of a Slovakian national with Asperger’s Syndrome for unlawful racial discrimination, unlawful disability discrimination, victimisation, harassment on grounds o

The UK Supreme Court has referred the question of whether a Directive on equal gender treatment as regards social security precludes the imposition in national law of a requirement that, in addition to satisfying the physical, social and psychological criteria for recognising a change of gender, a p

A limited company, the Irish Skydiving Club Ltd (hereafter ISC) sought judicial review of the decision of An Bord Pleanála that the use by the ISC of Kilkenny Airfield for sponsored parachute jumping was a development and not an exempted development. Judgment was given in the trial of a modular iss

The Court of Appeal has found that the Circuit Court does not have jurisdiction in possession proceedings not otherwise falling within the exceptions created by the Land and Conveyancing Law Reform Acts of 2009 and 2013, and must therefore be commenced in the High Court rather than the Circuit Court

Justice Baker in the High Court exercised inherent jurisdiction to strike out the claim seeking damages for personal injuries arising from the damp condition of a house that was purchased under a warranty provided by limited company, HomeBond. Personal injury proceedings

A man claimed to have been in possession of a 3-acre field beside Clondalkin Railway Station from 1977 to 2007, however the Supreme Court held that use of the land was both sporadic and lacking in exclusivity, and that repairs carried out by the State corporation amounted to assertion of the origina

Damages claims against motor insurance bureaus should be determined according to the law of the state in which the accident occurred, the UK Supreme Court has ruled. Ms Moreno is a UK resident. In May 2011, whilst on holiday in Greece, she was hit by a car. The car was registered in Greece and drive

The High Court held that NHS England erred in law by refusing to consider the funding of an anti-retroviral drug that would ultimately save the health service money by reducing the occurrence of HIV and AIDS by upwards of seventy-five per cent. The National Aids Trust (NAT), a charity specialising i

ry orders in relation to future proceedings. Justice Hogan therefore dismissed the appeal brought by UPC, subject the deletion of provisions concerning future proceedings.

The Court of Appeal has ruled that Mrs Mary O’Donnell, wife of retired solicitor Brian O’Donnell, is entitled to challenge an injunction that prevents trespassing on or interfering with the Official Assignee’s right to dispose of their property – a substantial house at Gorse Hill, Killiney,

The Supreme Court has ruled that the scope of the injunction placed on a racing company, Tipperary Raceway, could not be sustained either on the basis of claims of planning or nuisance brought by Tullamaine Castle Stud, a company running a nearby equine stud farm. Mr Justice Clarke ruled that the sc

In a claim to set aside a compromise on the basis of fraudulent misrepresentation, the defrauded representee need not prove it settled in the belief the misrepresentation were true in order to demonstrate influence by or reliance on that misrepresentation. The respondent, Mr Hayward, suffered an inj

The High Court has held that Mr Barry White, a retired High Court judge, can return to practice as a barrister acting as an advocate in the Circuit Court – thereby breaching the tradition that retired barristers-turned-judges who return to practice as barrister-advocates, do not appear before a c

The question whether enhanced protection depends on a right of permanent residence has been referred to the Court of Justice of the European Union by the Supreme Court in a case in which the Home Secretary tried to deport an Italian national following completion of his sentence for manslaughter. Lor