The European Court of Human Rights has held, unanimously, that there was a violation of article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights in the case of convicted murderer, James Clifton Murray who complained he was serving a life sentence without a
Case Reports
Northern Ireland's Court of Appeal has upheld a sentence given by the Crown Court in respect of a man who had been found in possession of components of a pipe bomb in January 2014. Although the appellant, Sean Ruddy, had initially denied the offence, eight months prior to his trial on 26 August 2015
The European Court of Human Rights has unanimously held that there was a violation of article 10 (freedom of expression) of the European Convention on Human Rights in respect of five applicants who lodged separate complaints about the Russian authorities’ response to demonstrations held by each of
The Court of Appeal has upheld a decision of the High Court to restrain the Director of Public Prosecutions from holding a re-trial of Michael Furlong for the murder of Patrick Connors in April 2011. The trial had commenced on 14th November 2013, but had collapsed dramatically on 18th November, when
The Court of Appeal has overturned a High Court decision in which it was found that the decision of the Minister for Health not to alter the lifetime ban on males who have sex with other males (“MSM”) was irrational and infected with apparent bias. The High Court had also found that the Minister
of the formal investigation procedure and, on the other, the aid schemes had not been notified to the Commission in any way. The undertakings in question therefore could not reasonably believe, despite the delay in the investigation procedure, that the Commission’s doubts no longer existed and th
and/or progression of the disciplinary proceedings. The applicant was accused of a breach of discipline under Regulation 5 of the An Garda Síochána (Discipline) Regulations 2007 and under the Criminal Justice (Treatment of Persons in Custody) Regulations, 1987.
The Court of Appeal has set aside an order of the High Court in relation to an accident which left a man requiring to have his leg amputated, finding that the trial judge’s assessment of the damages was “perverse”. The plaintiff, Blaine Murphy, was struck by a car while attending the Galway In
The detention of an Algerian national who acquired permanent residence in 2003 and 28 criminal convictions by 2012, pending a decision to deport him, was not unlawful, the Supreme Court has ruled as it additionally declined to make a preliminary reference to the Court of Justice of the European Unio
The Court of Appeal has upheld the High Court’s construction of a will, following a dispute between the will’s executor and his nephew over the use of land as a garden. The appellant, James Mullen, was the son and executor of the will of the late Elizabeth Mullen, while the respondent, James Mul
The European Court of Human Rights will be delivering a Grand Chamber judgment in the case of Murray v the Netherlands at a public hearing on 26 April. The case concerns the complaint by a man convicted of murder in 1980, who consecutively served his life sentence on the islands of Curaçao and Arub
The High Court has upheld a decision by the Financial Services Ombudsman to dismiss a complaint brought by a couple who claimed their bank had lost €9,418 of their money. Jeremiah and Mary Coleman are both retired and had held a current account with the Allied Irish Banks PLC for several years. Mr
The Court of Appeal has upheld a trial judge’s decision not to give the jury a corroboration warning in a sexual assault case, noting that mandatory corroboration warnings have been abolished, and an appeal judge should only intervene when the decision was made on an incorrect legal basis or was c
The High Court has allowed an application for judicial review of the Northern Ireland Prison Service’s policy to video-tape strip searches by force and retain the video for six years, finding that such a policy had no basis in law. The applicant, Gerard Flannigan is a prisoner at HMP Maghaberry, a
The High Court has declined to make an order requiring Euro Safety & Training Services to pay several hundred thousand euros upfront by way of security for the costs of proceedings brought against An Foras Áiseanna Saothair (FÁS), finding that the case was of public interests due to allegation