Case Reports

A woman who was sexually harassed at work for over six months after she returned from maternity leave has been awarded €40,000 in the Workplace Relations Commission. The woman stated that she was sexually harassed on a regular basis in front of managers of the retail store she worked in, and th

A man who suffered an injury to his knee requiring surgery after he slipped on the stone staircase at the National Museum of Ireland has been awarded €67,000 in the High Court. Criticising the Museum for its failure to provide the court with CCTV evidence of the fall, or present witnesses who h

A garda who was involved in a "traumatic" road traffic collision in Mullingar, in which large pieces of wood entered through the body of the car while his young children were in the back seat,  has been awarded €90,000 in the High Court. Accepting that the man continued to suffer problems

A man who accumulated a total of 47 convictions between October 2015 and March 2017 has lost his challenge against the decision of the Minister for Justice and Equality to make a removal order and a five-year exclusion order against him. Refusing to grant the orders of certiorari sought, Mr Justice

The Supreme Court has held that a pharmaceutical company should have been granted an interlocutory injunction restraining a generic competitor from infringing its (now expired) Supplementary Protection Certificate (SPC) for a combined treatment for cholesterol. Outlining the factors which a court sh

The Supreme Court has held that the Employment Equality Acts requires the distribution of essential duties must be considered as part of a “reasonable accommodation” to accommodate employees with a disability, and that the Court of Appeal erred in making a distinction between “task

BT has lost an appeal against the finding that it was liable for disability discrimination for failing to make reasonable adjustments in its recruitment process for a man with Asperger’s Syndrome. Finding that there was no error in the reasoning or in the fact finding of the Industrial Tribuna

A man who was found with drugs valued at nearly €270,000 during a search of his house has had his sentence decreased in the Court of Appeal. Finding that the original sentence of ten years with the final three suspended was “an error of principle” due to the very strong mitigation w

A company that was wrongly pursued for a €10.2 million VAT bill due to a “fundamental error” in the interpretation of the VAT Regulations of 1979 (as amended) has lost its appeal against the High Court's rejection of its claim for damages for malicious abuse of the civil process. Fi

A man who claimed that he was a dependant of his brother, who is a naturalised citizen of the UK, has been granted an order of certiorari quashing the decision refusing him a residence card. Finding that the Minister for Justice and Equality had erred in his application of the EC (Free Movement of P

A man who was convicted of cultivating over one hundred cannabis plants in the attic of his home in Tipperary has lost an appeal against the severity of the five-year sentence imposed upon him by Clonmel Circuit Court. Finding no error in principle with the sentence, Ms Justice Máire Whelan s

The European Court of Human Rights has ruled that UK authorities fulfilled their duty to carry out an effective investigation into the killing of six military policemen in Iraq in 2003. John George Miller, whose son Corporal Simon Miller was among those killed, complained to the court that the inves

An environmental activist network has been granted an interlocutory injunction restraining the implementation of secondary legislation introduced in January 2019 pending the outcome of judicial review proceedings contending that the legislation is invalid. Stating that the transitional provisions ga

An environmental activist who sought to bring proceedings challenging the decision taken by An Bord Pleanála to refuse planning permission sought by Dublin City Council has had his application for leave refused because he did not have standing. Describing the case as “one of the most un

A man who was convicted of raping his 14-year-old niece when they were living in the same house in 2012 and 2013 has lost an appeal against his conviction. Finding that the man’s complaints regarding the trial judge’s charge and directions to the jury were not based in reality, Mr Justic