Case Reports

It’s a long way — in every sense — from swimming in the sea off Australia’s fabled Bondi Beach to a dive into the dramatically more glacial waters off Sandycove, south-east of the city of Dublin. Dannie Hanna, a senior member of Taylor Wessing's corporate team, has however sh

The Supreme Court has determined that a dispute on disclosure in a historical sexual abuse case was not a matter for judicial review and did not in any event warrant the prohibition of the trial. Delivering judgment for the Supreme Court, Mr Justice Peter Charleton highlighted: “The responsibi

The High Court has determined that nasogastric feeding under restraint is not provided for under the Mental Health Act 2001 in circumstances where adequate safeguards are not provided for. Delivering judgment for the High Court, Mr Justice Conor Dignam was satisfied that "the legal effect of section

The Supreme Court has made a second reference to the Court of Justice of the European Union (CJEU) in a case where the UK seeks the extradition of a man accused of committing IRA-related terrorism offences in Northern Ireland. Delivering its judgment, the seven-judge Supreme Court stated: “The

The Circuit Court has refused an application to transfer a family home into the joint names of spouses where the transferring spouse lacked capacity and has clarified certain of a lawyer’s duties under the Assisted Decision-Making (Capacity) Act 2015. Delivering the lead judgment for the Circu

The Supreme Court has determined that the ministerial creation of the indictable offence of refusing to permit access by authorised officers to inspect private boglands was not an abdication of the Oireachtas’ legislative power. Delivering the lead judgment for the Supreme Court, Mr Justice Pe

The High Court has determined that Ireland is not the appropriate jurisdiction for a trademark infringement and passing off claim by easyJet Group against Cyprus-based Easy Forex. Delivering judgment for the High Court, Mr Justice Michael Twomey opined that “it seems to this Court that when on

The Court of Appeal has dismissed the appeal of a woman who claimed that she was required to undergo more extensive treatment than she otherwise would have required had her breast cancer been detected earlier by doctors at Letterkenny Hospital. Delivering the lead judgment for the Court of Appeal, M

The Supreme Court has determined that the common law defence to murder of “lawful use of force” as set out in The People (AG) v Dwyer [1972] IR 416 was abolished by s.22 of the Non-Fatal Offences Against the Person Act 1997 and that the test in s.18 of that Act now applies instead. Deliv

The Supreme Court has answered questions of law concerning the compulsory motor insurance requirement in favour of RSA Insurance Ireland DAC. Delivering judgment for the Supreme Court, Mr Justice Brian Murray pointed out that difficulties in implementing Directive 2009/103/EC have arisen as the Stat

Northern Ireland’s High Court has awarded £50,000 in damages against the Belfast Health and Social Care Trust and a consultant neurologist who negligently performed an unnecessary medical procedure. Delivering judgment for the High Court, Mr Justice Adrian Colton highlighted that “

The Supreme Court has referred four questions on the transposition and interpretation of Directive 2013/33/EU, the Reception Conditions Directive, to the Court of Justice of the European Union (CJEU). Delivering judgment for the Supreme Court, Ms Justice Elizabeth Dunne opined that it “seems t

The High Court has remitted a landlord and tenant dispute back to the Tenancy Tribunal for re-hearing, finding that the Residential Tenancies Act 2004 did not qualify the statutory duties of landlords to effect repairs by reference to any limitation on a landlord’s ability to do so arising fro

The Court of Appeal has determined that the official assignee did not disclaim his interest in High Court proceedings by failing to positively “claim” them during an appellant’s bankruptcy. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler remarked: “It mig

The High Court has refused to dismiss summary proceedings on grounds of delay where the applicants had consented to at least 19 adjournments during the periods of delay complained of. Delivering judgment for the High Court, Ms Justice Bolger found that the delay was excused inter alia “by reas