The High Court has ruled that a plaintiff in summary proceedings must pay the defendant’s costs after the plaintiff consented to the matter being transferred to plenary hearing. The defendant had submitted that the plaintiff should pay his costs because the summons did not properly particulari
Case Reports
Northern Ireland’s High Court has dismissed a man's claim to reverse a bankruptcy order where it was argued that his delay in selling cattle had been caused by pending litigation and the pandemic. In addition, the debtor's request for an extension of time to set aside the statutory demand upon
The High Court has ruled that a licensing authority may not limit the temporal scope of a five-year taxi licence based on the immigration status of a foreign driver. The court made this ruling in a context where a foreign taxi driver was granted a licence for four months while his immigration appeal
The High Court has ruled that a plaintiff in personal injuries proceedings was not entitled to receive monies equivalent to his total sick pay in order to compensate his employer. The plaintiff claimed that he had provided an undertaking to his employer to repay approximately €40,000 in sick p
The High Court has determined that a garda inspector was entitled to have his promotion backdated after it was delayed due to a false complaint by a member of the public. The investigation of the complaint delayed the promotion by seven months, during which time the garda did not receive the higher
The Court of Appeal has ruled in favour of a journalist who had his mobile phone seized by gardaí with a view to obtaining information relating to a serious criminal incident. The journalist had refused to give the phone to gardaí on the basis of journalistic privilege. The court deter
Northern Ireland’s Court of Appeal has dismissed an appeal regarding a decision by the Police Service of Northern Ireland (PSNI). The court found that it was not reasonable for the PSNI to reopen one specific legacy case because new evidence came to light, and rejected the argument that they h
Northern Ireland’s High Court has rejected claims that a prisoner was wrongly refused permission to visit his mother in hospital, and then again to attend her funeral. The court found that the decision of the health trust had been a rational one, and although there had been confusion about the
Northern Ireland’s High Court has awarded damages to a man who bought a £47,500 forestry mulcher with a defective clutch, which the defendant argued had been "sold as seen", on the basis the mulcher had been advertised as being in good condition and the seller was aware that it was inten
Northern Ireland’s High Court has rejected an application for judicial review where it was argued that terrorism offences committed in the Republic of Ireland required special permission to be pursued in Northern Ireland. The applicant also lost in his claim that the Director of Public Prosecu
Northern Ireland’s High Court has found that a health and social care trust's decision to deny visitation between a breastfeeding mother and her child was correct given the risk of Covid-19 infection. The court noted that the trust had responded proportionately, and had taken steps to ensure t
Northern Ireland’s High Court has criticised lower courts for delaying their ruling for an Irish father seeking a contact order for his 10-year-old son in Northern Ireland. The High Court noted that these courts had clear jurisdiction but were reluctant to rule on this "simple case" for over a
A claim by a provider of online legal services alleging a breach of contract by a client to which it supplied it services as an add-on for insurance packages has been refused by an English judge. Epoq Legal Ltd argued that DAS Legal Expenses Insurance Ltd was in breach of contract and was obliged to
The High Court has quashed a decision of the Circuit Court to dismiss an appeal brought by a lay litigant after the trial judge failed to let the man make submissions. The applicant had appealed a decision of the District Court which increased maintenance payments for his child from €60 to &eur
Northern Ireland's High Court has rejected a father's bid to prevent his estranged wife from vaccinating their five children, having determined that the administration of vaccines for common illnesses, including Covid-19, is in the best interests of the child. The court found that the father's objec