Case Reports

The Supreme Court has determined that the proposed ratification of an EU-Canada trade deal by the State is unconstitutional because the trade deal would compromise judicial sovereignty in Ireland. The trade deal, known as CETA, provided for an investor tribunal which had powers to make binding and e

Northern Ireland’s High Court has refused an application for judicial review where it found that the applicant’s probation release had been delayed by factors such as the Covid-19 pandemic and his own failed drug tests. In considering this application, the court found that one of the rel

The Court of Appeal has dismissed an appeal brought by a defendant in a personal injuries action in which the High Court rejected an application to dismiss the proceedings pursuant to section 26 of the Civil Liability and Courts Act 2004. The High Court had determined that the defendant had improper

The High Court has dismissed an appeal in a personal injuries action where the plaintiffs were exposed to toxic chemicals following the installation of spray foam insulation. In reaching this decision, the court was highly critical of expert evidence which was led by the defendant. Mr Justice Seamus

The High Court has determined that a will which was revoked by a testator should be admitted to probate because it was only destroyed on foot of incorrect legal advice. The deceased had been told by his solicitor that the destruction of his will would revive a prior will. Delivering judgment in the

Northern Ireland’s High Court has refused an application for judicial review where it was alleged that a same-sex couple suffered discrimination after being denied access to a publicly-funded IVF scheme. The court found that the criteria for obtaining access to the scheme were rational and pro

The High Court has ruled that the verdict of unlawful killing will be open to the jury in the Stardust inquest following a challenge from the former manager of the nightclub. It was claimed that the Coroner could not consider issues of criminal or civil liability in an inquest and that a verdict of

Northern Ireland’s High Court has determined that a decision by the NI Housing Executive (NIHE) erred in denying an applicant 'intimidation points' where he had repeatedly received death threats. The court found that it was irrational to undermine the applicant’s attempt to be rehoused w

The Supreme Court has held that the State unreasonably delayed the publication of certain environmental legislation in the Irish language. The respondents were seeking to challenge a compulsory purchase order for lands in the Connemara Gaeltacht and claimed that they did not have reasonable access t

The High Court has refused a last-minute adjournment application from a litigant-in-person who claimed that she had been tricked into attending court in the past and that “wild horses wouldn’t drag me to Dublin tomorrow” for the hearing. The litigant claimed that the plaintiff&rsqu

The High Court has rejected a claim by John Delaney that certain documents seized by the Director of Corporate Enforcement were subject to legal privilege. Mr Delaney asserted that 1,123 digital documents were privileged and should not form part of the ODCE’s investigation into the Football As

The High Court has refused to grant an interlocutory injunction restraining a company from selling a generic version of a previously patented drug on the basis that the taxpayer would save €8 million. The drug was used to treat multiple sclerosis and was the subject of a patent which expired in

The High Court has refused an application by a woman for a declaration that she was a qualified cohabitant of a deceased man who was married to another woman. The woman claimed to have been in a committed, exclusive relationship with the man for several years and therefore sought orders for property

Northern Ireland’s High Court has determined that it was unreasonable for an applicant to be denied legal aid, including the support of a senior counsel, for his asylum appeal where he was entitled to this during his original High Court case. This application involved a challenge to a decision

The Supreme Court has rejected an appeal from an accused who claimed that he was entitled to be interviewed by gardaí during the investigation stage of alleged crimes. It was said that the accused was entitled to have his defence placed on the record while being questioned by gardaí an