Case Reports

The Court of Appeal has upheld the sentence imposed on a minor for sexual offences, notwithstanding the result that he would serve the last part of his detention in an adult prison. Delivering judgment for the Court of Appeal, Mr Justice John Edwards stated that “to engineer a situation where

Northern Ireland’s Court of Appeal has upheld an appeal brought by a man in his 70s who claimed damages resulting from the fact that he was a secondary victim of asbestos exposure via his father’s employment at the Harland & Wolff shipyard. Delivering the judgment, Lady Chief Justice

The High Court has determined that leave granted to bring judicial review proceedings concerning Kilkenny wind farm must be set aside. Delivering judgment for the High Court, Mr Justice Humphreys warned that “one can only encourage people not to leave it until the last day to try to institute

The High Court has determined that a strict liability tax offence concerning the sale of tobacco is not unconstitutional, despite removing the discretion of the trial judge to apply s.1(1) of the Probation of Offenders Act 1907. Delivering judgment for the High Court, Mr Justice Oisín Quinn c

The High Court has affirmed a decision of the Circuit Court to grant a planning injunction sought by the neighbour of the first respondent. Delivering judgment for the High Court, Mr Justice Michael Twomey stated: “While there will be hardship to Mr Hogan... when a planning injunction is sough

The Supreme Court has confirmed that that a five-point test applies in respect of identifying whether contracts are ‘contracts of service’ or ‘contracts for service’. Delivering judgment for the Supreme Court, Mr Justice Brian Murray cautioned that the judgment did not bind a

The Court of Appeal has dismissed an appeal from a refusal to prohibit the criminal trial of an accused who was 15 at the time of the incident complained of. Delivering judgment for the Court of Appeal, Mr Justice George Birmingham stated: “I do accept that the loss of anonymity is a significa

The High Court has dismissed an appeal from the refusal of the Circuit Court to join the plaintiff’s sister as a co-plaintiff to his “proper provision” proceedings. Delivering judgment for the High Court, Ms Justice Siobhan Phelan that the six-month time limit to institute proceedi

The UK Supreme Court this month rejected an appeal challenging a decision which found that police officers and staff in the Police Service of Northern Ireland (PSNI) were historically underpaid holiday pay since 1998, up to a total value of £30 million. Delivering the judgment, Lord Kitchin an

The Court of Appeal has dismissed the appeal of the parents of a newborn boy who died following a difficult birth. Delivering judgment for the Court of Appeal, Mr Justice Charles Meenan observed that despite the appellants’ contention that the verdict of natural causes was incorrect, “no

The Supreme Court has determined that the use of a polygraph machine during psychological assessment in the wardship context was not oppressive, and that the trial judge was wrong to exclude evidence of confessions made by the respondent at interview. Delivering judgment for the Supreme Court, Mr Ju

The High Court has granted relief in judicial review of a decision of the District Court to reinstate driving charge following its spoken order dismissing the charge. Delivering judgment for the High Court, Mr Justice Barry O’Donnell determined that whilst the “breast of the court”

The Court of Appeal has dismissed an appeal from orders granting summary judgment in which the appellant belatedly attempted to rely upon the O’Malley judgment. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy determined that whilst the appellant was entitled to apply to i

The Court of Appeal has dismissed an appeal against a High Court order granting discovery of post-accident medical records in a personal injuries claim. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler commented that “a party who wishes to rely on the availability of other

The Court of Appeal has allowed an appeal from the refusal of the High Court to grant reliefs sought by party with inadequate proofs. Delivering judgment for the Court of Appeal, Mr Justice Senan Allen commented that in circumstances where the property sought to be charged was co-owned by the defend