Case Reports

The article 10 right to freedom of expression of three journalists who intercepted radio communications between the carabinieri, one of Italy's armed forces, in order to arrive quickly at crime scenes and report on them were not violated, the European Court of Human Rights has unanimously ruled. Str

The High Court has refused all reliefs sought by a woman who brought two judicial review cases seeking to challenge a decision to remove animals owned by her. The applicant, Dona Sfar’s, sheep and pigs had been seized from her by the Department of Agriculture, following six inspections by a Veteri

A former member of the Tamil Tigers who claimed asylum under an EU directive on the basis he would face torture if returned to Sri Lanka has had his application referred to the Court of Justice of the European Union as no authorities are on point. The appellant is a Sri Lankan national who arrived i

The High Court has found that the Clinical Director of the Central Mental Hospital did not breach his statutory duties or violate the Constitutional or Convention rights of a woman who sought to amend the conditions for her release from the Hospital. Furthermore, as the woman had been granted an un

The High Court has issued an order of certiorari quashing the decision of An Bord Pleanála to allow a wind farm to be built in County Clare on the grounds that they did not comply with the requirements of the Planning and Development Act 2000. Ms Kathleen Connolly had sought an order quashing a dec

The rental and lending rights in respect of books also applies to electronic books according to an Advocate General of the European Court of Justice. In the view of Advocate General Szpunar, the lending of electronic books is comparable to the lending of traditional books, which means that the gener

The Court of Appeal has found that twelve months imprisonment backdated to the date of guilty plea was not an unduly lenient sentence for the offence of possession of a syringe contrary to s. 7(1) and (2) of the Non Fatal Offences Against the Person Act 1997. The Court accepted that there were unusu

The Court of Appeal has found that the Taxing Master erred in his methodologies when calculating the appropriate fee in a medical negligence case. The proceedings concerned a case brought by Isabelle Sheehan (suing through her mother and next friend, Catherine Sheehan), with regards to negligence on

A trustee company that sought to prevent a financial services group from redeeming enhanced capital notes has had its appeal dismissed by judges in the UK Supreme Court. BNY Mellon’s appeal was dismissed by a 3:2 majority. Lord Neuberger gave the leading judgment, with which Lord Mance and Lord To

, as did the National Governing Body for Ireland. In addition to those international and national publications the defendant relied on the 2008 7th Edition of a publication entitled "Safe Practice in Physical Education and School Sport" published by the Association for Physical Education, which stat

The UK Supreme Court has unanimously allowed the appeal of an unfairly dismissed fingerprint officer involved in the McKie scandal, finding that the original Employment Tribunal’s (ET) interpretation of the relevant legislation leading to a reinstatement order was sound. Lord Hodge, with whom Lady

Northern Ireland's Court of Appeal has determined that the Lands Tribunal was correct in its interpretation of Article 55 of the Water and Sewerage Services (NI) Order 1973, in finding that it allowed for compensation for reductions in land values, not was not limited to damage caused directly by wo

The Court of Justice of the European Union has ruled the UK’s policy requiring recipients of child benefit and child tax credit to have a right to reside in the UK, while indirectly discriminatory, is justified by the need to protect the finances of the host member state. The regulation on the coo

The Supreme Court has clarified the law in relation to sexual assaults against males, noting that the impact of the case of S(M) v. Ireland & Ors (No.2) 4 I.R. 369 was not to limit sentences to two years, but to ensure that principles of equality were applied to sentencing for assaults against

The Court of Appeal has dismissed an appeal brought against a decision of the Financial Service Ombudsman, who had dismissed a couple’s complaint that their serious illness insurance had been revoked without their knowledge. The central question of the case was: Where the Financial Services Ombuds