Case Reports

Malicious prosecution can exist in civil proceedings as between private individuals, the UK Supreme Court has ruled. Mr Gubay controlled a leisure company, Langstone, of which Mr Willers was a director. Mr Willers was later dismissed as director of Langstone and in 2010 Langstone sued Mr Willers for

Although the State’s appeal was ultimately dismissed due to the absence of any substantive effect flowing from the decision, the Supreme Court has unanimously agreed with the State that legislation should not amount to legitimate expectation that can be breached and therefore result in the pursuan

ed by a flood in her engine room. Her main engine was damaged beyond repair. The flood was caused by (i) the crew’s negligence in failing to close the sea inlet valve in the emergency fire pumps, (ii) damage to the pumps, (iii) the negligence of previous contractors who had failed to seal bulkhead

The State has lost a case in the three-judge Supreme Court over whether committal warrants issued due to a woman's failure to pay road traffic fines were properly reissued. The primary question was whether District Judge Hamill and the Superintendent of An Garda Síochána of Lucan Garda Station had

An Advocate General of the Court of Justice of the European Union (CJEU) has stated in an Opinion that a general obligation to retain data imposed by a member state on providers of electronic communication services may be compatible with EU law but that it is imperative that that obligation be circu

A man who retained money given to him under a contract for an illegal purpose has had his appeal – that illegality prevents the operation of the unjust enrichment rules – dismissed by judges in the UK Supreme Court. Mr Patel gave Mr Mirza £620,000 to place bets on a bank’s share prices with t

A man found guilty of murder almost twenty years ago has failed in his application to the High Court alleging unlawful detention. The convicted murderer, who is serving a life sentence in Portlaoise prison, made an application in an informal letter to the High Court alleging that he is being unlawfu

The Supreme Court has unanimously dismissed a businessman's claim that the Moriarty Tribunal of Inquiry into Payments to Charles Haughey and Michael Lowry had incorrectly restricted the cross-examination of a key witness at its public hearings. The five-judge Supreme Court unanimously dismissed the

An Advocate General of the Court of Justice of the European Union (CJEU) has found that a company policy requiring an employee to remove her Islamic headscarf when in contact with clients constitutes unlawful direct discrimination and that an entirely neutral dress code policy may also constitute in

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

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