The Court of Appeal has found that making an order directing the sale of jointly owned family homes, to enable the discharge of a judgment debt obtained by a credit union against one of the spouses, would be to direct the sale of the family home over the wishes of an innocent spouse not a party to a
Case Reports
The Supreme Court, in a four-three majority, has dismissed the State’s appeal over the release of three dissident republicans in 2014, having served just 12 years of their 28-year sentence for terrorist offences. Fintan O’Farrell, Declan Rafferty, and Michael McDonald, all from Louth, had travel
In a decision that significantly influences the procedure for serving wayleave notices, the Court of Appeal unanimously ruled that the procedure by which the Electricity Supply Board (ESB) served a wayleave notice to enter private land was unlawful. In a long-running dispute between the ESB and Kill
Ms Donna Woods was injured when the wing mirror of Mr Joseph Tyrell Jnr’s van hit her as she was out jogging with a friend near her home. The High Court has awarded her €134,000 in general and special damages for the injuries she sustained and the persistent affect they would have on her lifesty
Ms Jules Thomas, partner of Mr Ian Bailey, is in the process of suing the Garda Commissioner and the State over alleged ‘incalculable’ damage and psychiatric illness suffered arising from the Gardaí investigation into the murder of French National, Sophie Toscan du Plantier in Schull, Co. Cork
The High Court has found that the Minister for Justice, Equality and Law Reform was entitled to refuse naturalisation to an applicant, despite informing him that his application was successful, as the applicant had not yet satisfied all the necessary criteria, and new information came to light with
The Northern Ireland Court of Appeal has dismissed a man's appeal against his four-year sentence for conspiracy to defraud, one count of acquiring criminal property, and one count of concealing criminal property. The offences related to the setting up and operation of websites which permitted the vi
The UK's Secretary of State was not obligated, under the circumstances, to investigate the consequences of serving a foreign judgment on an Egyptian national. Mamdouh Ismail was the chairman of the board of a company whose ferry sank in the Red Sea in February 2006, resulting in more than 1,000 deat
The beneficiary of a patent licence must pay the agreed royalty even if it does not infringe the patented technology, the Court of Justice of the European Union (CJEU) has ruled. Since the royalty constitutes the price to be paid in order to protect the licensee against any infringement proceedings
The High Court has granted summary judgment in favour of the Collector General for the Revenue Commissioner, who sought a number of reliefs due to the failure of a couple to pay VAT of over €800,000.00. The Commissioner Michael Gladney sought (1) €822,765.41 due by the defendants George Raymond
The UK Supreme Court has ruled that the sole director of a company which failed to provide adequate insurance for its employees was not personally liable in damages to the appellant who suffered an injury while working. The appellant, Mr Campbell, was employed as an apprentice joiner by a company wh
The High Court has found that a local council breached the constitutional and European Convention rights of a family when it attempted to evict them for building an extension in their attic. John and Gayle Brady are joint tenants of a Wicklow Council house in Bray, where they live with their five ch
The General Court of the European Union has ruled that the repute of McDonald’s trade marks makes it possible to prevent the registration, for foods or beverages, of trade marks combining the prefix ‘Mac’ or ‘Mc’ with the name of a foodstuff or beverage. The Court today upheld the European
The Court of Appeal has dismissed an appeal brought by a man in respect of his conviction for sexual assault and other conduct to the prejudice good order and discipline under the Defence Act 1954. Ronan Donaghy had been in the Defence Forces for 21 years, and along with Ms C, was stationed at Aiken
in a procedure of this kind operates to create an estoppel against the party who elected to avail of that procedure” (Corrigan v. Irish Land Commission I.R. 317 and The State (Byrne) v. Frawley I.R. 326.) The appellant also argued that he should have been given a copy of the report compiled for