Case Reports

The High Court of Justice in Northern Ireland Chancery Division has granted the Attorney General leave to appeal a decision of the Charity Tribunal on a number of points of law. The Attorney General sought to appeal a decision of the Tribunal to remove Robert Crawford as a trustee of the charity, Th

A Russian journalist and an editor convicted of “insult” for publishing a news story complaining about an allegedly corrupt mayor had their article 10 right to freedom of expression violated, the European Court of Human Rights has ruled. The case concerned the criminal conviction, for insult, of

The Court of Appeal has dismissed an appeal by a company who sought to challenge a contract for the supply of school transport as breaching EU Law, finding that the contract did not fall within the meaning of the appropriate Directive. The applicant, School Transport Scheme Ltd. sought to challenge

The Crown Court for Northern Ireland has fined a company and two of its directors £40,000 and £1,000 each respectively for the unlawful deposit of waste. The offences related to land owned by Thomas and Gary Bates, directors of Ace Bates Skip Hire Limited, on which they had received permission to

The High Court declared that section 99 of the Criminal Justice Act 2006 is unconstitutional in a judgment delivered last month and published in full yesterday. Mr Justice Moriarty noted that the section had had a relatively chequered history, as judges around Ireland attempted to navigate situation

The High Court has refused a couple's application for judicial review for an order of certiorari in respect of an order for possession of property. In 2004 ACC Loan Management Ltd. (ACCLM) had advanced two loan facilities to Temple Spa Limited.

The joint liquidators of a company succeeded in seeking a declaration that three individuals shall not act as directors or secretaries or be concerned in the promotion or formation of any company unless that company meets the requirements of s.150(3) of the Companies Act 1990 (s.819(3) of the Compan

The High Court has found that the Irish Aviation Authority correctly asserted legal privilege in relation to 39 documents listed in a defamation case, with five exceptions, which were ordered to be disclosed to the plaintiff. Paul McMahon was seeking damages or defamation in respect of statements m

The High Court has granted an employment injunction, finding that An Post had not sufficiently notified a man of the reasons for his dismissal. The plaintiff, Mr Finbarr O’Leary, sought to restrain An Post from dismissing him, and unusually, sought to restrain An Post from taking any further step

The High Court has dismissed Mr Charles Verschoyle-Greene’s appeal against a decision of the Financial Services Ombudsman, in which the FSO dismissed his complaint about the way the Bank of Ireland sold him a property investment. The appellant had been a client of the bank for a number of years, a

The UK Supreme Court has unanimously granted a celebrity permission to appeal the discharge of an interim injunction regarding his sexual encounters and, by a majority, has allowed the appeal. This case considered whether the publication overseas of the identity of PJS and details of PJS’s sexual

The Supreme Court has upheld a decision to surrender a man who had been sentenced in the UK to life imprisonment in 1984 for the murder of his neighbour back to the UK, finding that while the UK system with regards to life sentences would be unconstitutional in Ireland, it did not justify Ireland re

The Supreme Court has given leave for a respondent in an appeal to rely on additional grounds, despite not including them in the respondent notice, finding that a degree of latitude should be given in light of the Court being in a transitional phase. The judgment related to one set of issues arising

The Court of Appeal has found that Hedigan J should have recused himself in a case concerning contempt of court, as previous statements made by the judge satisfied the objective bias test. The case concerned an article published by the appellants, Penfield Enterprises Limited in The Phoenix magazine

The Supreme Court has found that evidence obtained as a result of the interception of a postal package in Germany was admissible in a case against the eventual recipient of the package. The case concerned the lawfulness of the gardaí taking custody in Germany, and opening in Dublin, a parcel contai