Case Reports

The Supreme Court has determined that a creditor who has not filed proof of a debt within the time prescribed by a personal insolvency practitioner is not precluded from filing an objection to the approval of a personal insolvency arrangement. Delivering judgment for the Supreme Court, Ms Justice El

The High Court has determined that University of Limerick’s on-campus student accommodation is comprised of private dwellings for the purposes of s.21(6)(a) of the Water Services (No. 2) Act 2013 (as amended) and therefore exempt from water charges. Delivering judgment for the High Court, Ms J

The High Court has granted an order for sale of an inherited property in brothers’ dispute in light of a full indemnity and consent to an order in the sum of €117,185.67 provided by the defendant to the plaintiff. Delivering judgment for the High Court, Mr Justice Brian O’Moore comm

The High Court has approved a PIAB assessment of €60,000 in respect of severe facial scarring and minor psychological injury suffered by the minor applicant in a road traffic accident. Delivering judgment for the High Court, Mr Justice Garrett Simons noted that the invitation to disapprove the

The Court of Appeal has dismissed the appeal of a solicitor against the High Court's refusal to review a Taxing Master's assessment. Delivering judgment for the Court of Appeal, Mr Justice Maurice Collins found that Mr Justice Donald Binchy “was particularly qualified to carry out such an exer

The High Court has in principle referred six questions to the CJEU in the course of Coillte’s appeal against a decision of the Commissioner for Environmental Information concerning its handling of requests by anonymised and pseudonymised applicants Delivering judgment for the High Court, Mr Ju

The Court of Appeal has determined that the Disability Act 2005 and the Disability (Assessment of Needs, Service Statements and Redress) Regulations 2007 (S.I. No. 263/2007) cannot be interpreted as providing for second or subsequent reviews of assessment reports. Delivering judgment for the High Co

The High Court has determined the District Court is not entitled to find that the formation of an opinion to arrest for drink-driving was unreasonable where the Garda was mistaken as to the nature of a roadside breathalyser test result. Delivering judgment for the High Court, Ms Justice Siobhá

The High Court has determined a novel question of jurisdiction in which to commence proceedings under Part 10A of the Companies Act 2014, finding that the scale and complexity of the affairs of Bio Marine Ingredients Ireland Limited were such as to warrant proceeding in the High Court. Delivering ju

The High Court has confirmed that no power to detain a driver pending the result of a roadside saliva drug test can be implied into the Road Traffic Act 2010. Delivering judgment for the High Court, Mr Justice Garrett Simons found that “the fact that, within the very same Act, the Oireachtas h

The High Court has determined that the Minister for Justice and Equality unlawfully fettered her discretion to extend time to lodge an appeal against the refusal of a visa application. Delivering judgment for the High Court, Mr Justice Anthony Barr held that “it is clear that the Minister cann

The High Court has determined that a sportsman involved in a road traffic accident is entitled to a €63,000 award where he could no longer fully participate in the sporting activities which he enjoyed prior to the accident Delivering judgment for the High Court, Mr Justice Mark Heslin commented

The High Court has determined that the expiry of a 12-month probationary period marked the promotion of a civil servant to a more senior position Delivering judgment for the High Court, Mr Justice Garrett Simons found that any “interpretation of Section 7 of the Civil Service Regulation Act 19

The Court of Appeal has dismissed an appeal against a High Court decision refusing to re-enter application for leave where the factual and legal background had changed. Delivering judgment for the Court of Appeal, Mr Justice O’ Moore determined that the application sought “to restrain pa

The Court of Appeal has dismissed a Cork hotel’s appeal against a €91,000 general damages award to wedding guest who slipped and fell on a wet dancefloor. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan opined that in the absence of evidence concerning any system of