Case Reports

The High Court has granted continuing Mareva-type relief following the disposal of a statutory appeal from a determination order. Delivering judgment for the High Court, Ms Justice Niamh Hyland commented that “the inherent jurisdiction of the High Court includes a power to make orders that rem

The Court of Appeal has affirmed the decision of the High Court to lift an automatic suspension on a decision of the Minister for Transport awarding a search and rescue services contract to a new provider. Delivering judgment for the Court of Appeal, Ms Justice Caroline Costello remarked that the &l

The Court of Appeal has substituted an award of the High Court for personal injuries sustained by a cyclist involved in a road traffic accident with a bus. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan found that the High Court had largely ignored the evidence tendered on beh

Northern Ireland’s High Court granted a return order for a mother attempting to return her child to Northern Ireland despite the fact that the child was residing in a Middle Eastern country that was not a signatory to any of the Hague Convention treaties, such as the jurisdiction treaty of 199

The High Court this month made an order for the indefinite detention of Enoch Burke after finding him in contempt of a court order. Delivering an ex tempore judgment for the High Court, Mr Justice Mark Heslin noted that court orders are not an “à la carte menu” and that a party su

The High Court has dismissed an appeal arising from a decision of the Data Protection Commissioner which attempted to run points which were not previously raised, and which failed to identify the point or points of law forming the basis of the appeal. Delivering judgment for the High Court, Mr Justi

The Court of Appeal has dismissed former FAI CEO John Delaney’s appeal from the High Court granting the Corporate Enforcement Authority (CEA) access to documents seized during a criminal investigation. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan found that Mr Delaney&

The Court of Appeal has dismissed an appeal by two Saudi Arabian companies concerning the law to be applied to questions of apparent or ostensible authority in international agreements. Delivering judgment for the Court of Appeal, Mr Justice Robert Haughton considered that there was “no perfec

The Court of Appeal has allowed an appeal from dismissal of a personal injuries claim for want of prosecution, finding that “no concrete prejudice” was pointed to by the State defendants, and that they were too late to bring the motion to dismiss the plaintiff’s claim. Delivering j

The Court of Appeal has substituted a High Court award totalling €90,000 in general damages for physical and psychological injuries sustained by a woman in a gas explosion at her workplace. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan commented that when compared with v

The High Court has dismissed a claim alleging criminal conspiracy, false arrest and malicious prosecution against An Garda Síochána. Delivering judgment in the High Court, Mr Justice Cian Ferriter found that “no basis whatsoever” was made out for the allegations of criminal

Northern Ireland's High Court has dismissed an action brought by a solicitor who alleged that complaints made about him to the Law Society of Northern Ireland (LSNI) were defamatory. Delivering the judgment, Danny Friedman KC, sitting as a High Court judge, noted the complaints were worthy of absolu

The High Court has refused an application pursuant to Order 16, rule 8 of the Rules of the Superior Courts to set aside third party proceedings on grounds of delay. Delivering judgment in the High Court, Mr Justice Conor Dignam found that the period of over six months to serve the third party notice

Northern Ireland’s High Court has dismissed all grounds challenging a deep-sea gas cavern development project off the coast of Co Antrim. The court found that the decision to grant the marine license to the developers was a rational one, backed up by scientific evidence. Delivering the judgmen

The Court of Appeal has determined that it was appropriate to intervene and quash a sentence of the Circuit Court in relation to possession of a firearm. The court accepted that the applicant had grounds to feel aggrieved where his sentence was longer than a co-accused whose case was “probably