Case Reports

The Court of Appeal has upheld the validity of injunctions which were obtained by Wilson’s Hospital School to restrain a former teacher, Mr Enoch Burke, from attending the school premises. Delivering the main judgment in the case, Mr Justice George Birmingham held that both the interim and int

The High Court has set aside the grant of leave to bring judicial review proceedings after the applicant had provided a “grossly misleading” account of his complaint against a Circuit Court judge. The applicant had issued the proceedings after the Circuit Court had made certain orders in

Northern Ireland’s High Court has determined that the Northern Ireland Policing Board (NIPB) did not have grounds to reject medical evidence involving injuries at work for two former constables. The court found that the medical evidence determination, not the Board’s, was final.

Northern Ireland’s High Court has dismissed an application for judicial review which challenged cross-border license travel requirements. The court found that the restrictions were proportionate, especially given the ease of cross-border travel on the island of Ireland.

The Court of Appeal has dismissed an appeal brought by a woman seeking to set aside a third party notice on the grounds that she delayed for over two years before bringing the application. The woman was joined as a third party in an accident involving a child being burned by oil. Delivering judgment

The Court of Appeal has upheld a 10-year sentence imposed on a man who entered into a coercive sexual relationship with a 13-year-old girl. The girl had a child with the man during the abuse. The accused had pleaded guilty to one count of the defilement of a child and one count of sexual assault. De

The High Court has refused an application for an interlocutory injunction restraining An Coimisiún Le Rincí Gaelacha (CLRG) from pursuing disciplinary proceedings against an Irish dancing teacher. The plaintiff had been implicated as one of dozens of instructors involved in fixing danc

Northern Ireland’s Court of Appeal has upheld a decision permitting evidence of sexual assault in the context of a family court application where the same evidence was rejected as hearsay in a criminal trial. The facts of this case are explicit and reader discretion is advised.

The High Court has granted leave to Bank of Ireland to lodge a tender in proceedings on condition that the tender only becomes effective after the conclusion of the discovery process. The lodgement application had been made after the discovery process had begun and the bank claimed that it wished to

The High Court has set aside a decision by the Financial Services and Pensions Ombudsman (FSPO) regarding a complaint against Chubb European Group SE over its handling of a business interruption claim. It was held that the decision was vitiated by “serious and significant” error by the F

The High Court has refused an application for protective costs orders brought by two disabled individuals seeking a further year of education from the Minister for Education. Both applicants had applied for an extra year of special schooling in order to make up for the significant amount of time mis

The Court of Appeal has held that it would not make a wasted costs order against counsel and solicitor who pursued an appeal on behalf of a ward of court without proper instructions. The ward had not been informed that his appeal was treated as a “test case” by the lawyers and died befor

The Court of Appeal has increased the sentence for a young man convicted of dangerous driving which caused the death of a young woman in Oughterard, County Galway. The man had originally been sentenced to three years' imprisonment with 18 months suspended. However, Ms Justice Isobel Kennedy held tha

The Court of Appeal has upheld a finding of liability against Dunnes Stores for injuries suffered by an employee who fell from a wobbly ladder while stacking shelves. Dunnes Stores appealed the decision on the basis that the trial judge erred in his assessment of the evidence in the case. Delivering

The High Court has allowed an amendment to a personal injuries summons which changed the method of accident from slipping on a wet floor to slipping on steps from a truck. The plaintiff was an employee of the defendant who claimed that he slipped during the course of his work in October 2014.