The High Court has refused an application for well-charging relief by a company seeking to rely on a registered lien as security for loans advanced after 31 December 2009. In so ruling, the court held that the present case was “indistinguishable” from the judgment in Promontoria (Oyster)
Case Reports
The High Court has awarded €75,000 in damages to a man who was injured by a bull at a cattle market. The man was an experienced farmer who had been asked to assist in driving cattle into the auction area when he was attacked by a startled cow. Delivering judgment in the case, Mr Justice Cian Fe
Northern Ireland’s High Court has found that the decision not to expel a student who intentionally attacked a fellow classmate was rational. The judge found that it was “not for the courts to micro-manage discipline within schools”. The applicant, a girl commencing her Year 11 educ
The High Court has determined that data protection activist Max Schrems is entitled to 80 percent of the legal costs of a challenge to the Data Protection Commission’s handling of a complaint from 2013. The complaint related to the transfer of data by Facebook Ireland Limited from the EU to th
The High Court has ruled that a child must be returned to Poland after she was taken to Ireland by her mother in August 2021. The father had made an application under the Child Abduction Regulations, claiming that he had no knowledge that his child had been removed from Poland. Delivering judgment i
The UK's decision to deport a Nigerian man following a criminal conviction, despite him having been granted indefinite leave to remain more than a decade prior, did not violate his human rights, the European Court of Human Rights (ECtHR) has ruled. In the case of Otite v the United Kingdom, the ECtH
The Court of Appeal has ruled that a hospital is entitled to discovery of certain communications between a plaintiff and her estranged father in a personal injuries action for the negligent dissemination of the plaintiff’s medical records. The plaintiff had expressly told the hospital to not r
Northern Ireland’s Court of Appeal has dismissed 10 grounds of appeal following the manslaughter of a three-year-old boy. The court rejected arguments that photos of the crime scene prejudiced the applicant, and noted that the applicant’s past convictions for domestic violence were relev
The Court of Appeal has held that a private generator of electricity was not a public authority within the meaning of environmental regulations and was therefore not required to provide information relating to its wind farm. The information was sought by Right To Know CLG, which operated for the pur
Northern Ireland's Coroner’s Court has found that a rubber baton round which killed Stephen Geddis, “an innocent child”, in 1975 was neither necessary nor justified in the circumstances. The danger posed by the use of this weapon near children had not been made apparent to the sold
The High Court has approved a settlement of €350,000 for a man who claimed to have been sexually abused while attending a secondary school operated by a religious order. It was held that the settlement was "excellent" in circumstances where the plaintiff faced substantial difficulties proving h
The High Court has admitted a man suffering from bipolar affective disorder to wardship despite conflicting medical evidence on his capacity. The man was being kept in a residential placement but had acted in a violent and sexually inappropriate manner with staff while having a poor record of taking
The Court of Appeal has significantly reduced an award of damages for a man who suffered multiple injuries in an accident that was described as “the stuff of nightmares”. The man had been injured in an elevator which had fallen three floors after a cable snapped. On appeal, Mr Justice Se
Northern Ireland’s High Court has refused judicial review to an applicant who was charged under terrorism legislation in 2020. The court found that the applicant’s attempts to rely on the royal prerogative of mercy to reduce his time in prison was based on a flawed interpretation of the
NI High Court: Constable who lied on his pre-entry security check fails in judicial review challenge
Northern Ireland’s High Court has refused an application for judicial review where a police constable argued that any misconduct that he committed in previous employment should not have come under the scrutiny of the PSNI or its code of ethics. The court found that the code applied to any serv