Case Reports

A man has failed in his appeal against conviction for producing child pornography in a Skype conversation with a third party. The appellant, Mark Mulligan, had challenged the status of the conversation as child pornography within the meaning of the Child Trafficking and Pornography Act 1998.

The High Court found that a DIY store chain had unlawfully withheld the bonuses of ten employees, accrued prior to their bonus scheme ending. The ten employees had claimed that B&Q Ireland Limited's decision to withdraw a winter/summer bonus, as well as a zone allowance paid to employees working

A solicitor firm has been found to have breached its duty to inform a mortgage provider of the true nature of a property transaction between a man and a company solely owned by him. However, the High Court of Justice found that the plaintiffs had failed to demonstrate causation between that failure

The UK Supreme Court has ruled that bonuses awarded by banks to employees in the form of redeemable shares in offshore companies, in order to take advantage of ITEPA provisions, should be treated – for income tax purposes – as if they had been paid in cash. Lord Neuberger, Lord Mance, Lord Reed,

The UK Supreme Court's decision to yesterday dismiss the appeal of a company which claimed a rival had infringed on its design of a ride-on suitcase for children will have "disastrous" implications, a senior lawyer has said. Magmatic, manufacturer of the Trunki case, brought the case against PMS Int

The Court of Appeal has re-sentenced a man for seventy-five counts of theft contrary to s.26 of the Criminal Justice (Theft and Fraud Offences) Act 2001, amending his sentence from a custodial sentence of two years and six months, and suspending the final ten months for a period of two years from th

The UK Supreme Court has dismissed the appeal of a company which claimed a rival had infringed its design of a ride-on suitcase for children, affirming criticisms made by the Court of Appeal that the Community Registered Design (CRD) for the product was not simply a claim for a suitcase shape but fo

The Supreme Court has overturned the High Court’s decision to dismiss a case as “bound to fail”, brought by a construction company against a bank, concerning the ability to benefit from the sale of an incomplete development. Moylist Construction Limited was involved as the contractor in a buil

The Court of Appeal has ordered a retrial of a case concerning a man's last will and testament following an application by his surviving civil partner, which was originally refused by the President of the High Court. The case concerned two testamentary documents. The first had been executed by Mr Br

The Supreme Court has dismissed an appeal by two dentists who claimed that unilateral alterations to their contracts, with regards to which treatments given to medical card holders could be funded, were a breach of contract. Mr Martin Reid and Mr James Turner brought the appeal against the Health Se

The Court of Justice of the European Union (CJEU) has confirmed that citrus fruit labelling indicating the preserving agents and other chemical substances used in post-harvest processing is compulsory. A provision of EU law on the marketing of citrus fruit (lemons, mandarins and oranges) provides th

The Court of Justice of the European Union (CJEU) has ruled that authorised Daimler dealers are not responsible for advertisements which, despite their efforts to have them removed, continue to associate their name with the trade mark “Mercedes-Benz” on the internet and Daimler cannot require th

The Court of Appeal has upheld the decision of the High Court, not to order the discovery of the without prejudice correspondence leading to the settlement passing between the Central Bank and Irish National Building Society (“INBS”), as requested by former executive director and secretary John

The European Court of Human Rights (ECtHR) has ruled the article 6 right to a fair trial of a German man was not violated after he complained that evidence found coincidentally during an unlawful house search had been admitted in criminal proceedings against him. The applicant, Hans-Otto Prade, is a

The case between Ewaen Fred Ogieriakhi and the Minister for Justice and Equality, Ireland, the Attorney General and An Post had spanned ten years, and been before a number of High Court judges, the Supreme Court, the European Court of Justice and finally the Court of Appeal. In essence, it concerned