Case Reports

The High Court has determined that An Bord Pleanála failed to properly consider the potential impact of a school floodlighting development on the conservation objectives of the nearby Bellanagare Bog Special Protection Area for the restoration of the Greenland white-fronted goose. Delivering

The High Court has quashed a drug driving conviction where the Circuit Court found by implication that the arresting garda had formed the requisite opinion that the applicant had committed an offence under s. 4(1A) of the Road Traffic Act 2010. Delivering judgment for the High Court, Ms Justice Marg

The High Court has lifted a stay on proceedings which were referred to arbitration in circumstances where the parties had expressly agreed that the defendant’s solicitor would progress the arbitration on its behalf in a “timely and efficient fashion”. Delivering judgment for the Hi

The Supreme Court has remitted a personal insolvency matter to the High Court having determined that on appeal from the Circuit Court, the High Court had fully re-heard the action. Delivering judgment for the Supreme Court, Ms Justice Elizabeth Dunne concluded: “The basis of the High Court&rsq

A High Court judge has opined extensively on legal costs in Ireland in a judgment delivered in the course of litigation as between siblings over inherited family property. Delivering judgment for the High Court, Mr Justice Michael Twomey opined that “there was no obligation on her to provide a

The Republic of South Africa has won an appeal in the UK Supreme Court establishing that it has state immunity from a claim in rem by a salvage company seeking voluntary salvage for its recovery of silver intended to be minted into currency from a vessel sunk in World War 2. Argentum Exploration Ltd

Northern Ireland’s High Court has determined that certain provisions of the Illegal Migration Act 2023 constitute a diminution of rights and are incompatible with the European Convention on Human Rights. Delivering judgment for the High Court, Mr Justice Michael Humphreys determined that, &ldq

The High Court has granted leave to apply for judicial review of the Legal Aid Board’s decision to revoke a legal aid certificate which had originally been granted in the context of intended proceedings to set aside a 1988 judgment. Delivering judgment for the High Court, Mr Justice Garrett Si

Northern Ireland’s Court of Appeal has determined that a minimum tariff of 20 years for the premeditated murder of the late Lu Na McKinney “signalled a permissible move towards higher tariffs to reflect the horrific elements of this crime”. Delivering judgment for the Court of Appe

The Supreme Court has directed that applicants seeking appointment as commissioners for oaths and any person supporting such applications must now include a statement that they are not aware of any matter relating to an applicant’s suitability for appointment, unless already specified in the a

The High Court has found that gardaí did not have adequate regard to the An Garda Siochána Code when attempting a ‘compliant stop’ of a civilian vehicle which resulted in a collision. Delivering judgment for the High Court, Mr Justice Tony O’ Connor stated that &ldquo

The Court of Appeal has upheld a two-and-a-half year prison sentence for an “elbow punch” attack which left the victim with an acquired brain injury. Delivering judgment for the Court of Appeal, Ms Justice Úna Ní Raifeartaigh considered that "a period of two-and-a-half year

Northern Ireland’s Court of Appeal has determined that while Northern Ireland's religious education curriculum was conveyed in breach of the “objectivity test” enunciated by the European Court of Human Rights, no breach of Article 2, Protocol 1 ECHR had occurred. Delivering judgmen

The High Court has confirmed that the imposition of District Court scale fees in Circuit Court personal injuries proceedings did not fall foul of the prohibition on scale fees in s.17(4) of the Courts Act 1981. Delivering judgment for the High Court, Mr Justice Anthony Barr considered: “At the

The High Court has entered judgment for nearly €12 million in favour of Everyday Finance DAC arising from guarantees executed under undue influence and without the benefit of adequate legal advice. Delivering judgment for the High Court, Ms Justice Siobhán Stack determined that the trans