Case Reports

Damages for mental distress in a case brought by the statutory dependants of a woman who died as a result of alleged negligence must be paid only to the sole surviving dependant in circumstances where the second dependant died since the proceedings commenced. Finding that the €28,000 settlement

A financial services company alleging that a Termination Notice of its Tied Agency Agreements with EBS was as a result of its refusal to succumb to “pressure” from EBS to “mis-sell financial products”, has been granted an injunction in the High Court. Finding that there was a

A man who argued that a resulting or constructive trust arose due to his payment of his son’s premium for a mortgage protection policy, which remained unassigned after the property they bought together was re-mortgaged, has lost his claim against his son’s estate. Expressing regret that

The lawfulness of a man’s detention was referred to the High Court by way of case stated, after a complaint was made regarding the two-hour delay in a doctor arriving at the Garda station for the purposes of taking a sample of urine. Finding that the doctor attending an emergency was a reasona

The nurses strike has been suspended following intervention by the Labour Court, which investigated the dispute in the exercise of its statutory powers under the Industrial Relations Act 1990. Making a number of recommendations and setting out the details of an Enhanced Nursing Practice salary scale

An application for third-party discovery pursuant to section 32 of the Administration of Justice Act 1970 of documents held by the Police Ombudsman of Northern Ireland has been refused in the High Court in Belfast. Stating that the documents may be relevant, Master Evan Bell said that on the balance

A member of An Garda Síochána has been awarded over €40,000 in damages for an injury to his finger caused by a detainee who became violent while being photographed and fingerprinted. Describing the Detective Garda as a genuine officer and “not a moaner whatsoever”, Mr

Permanent TSB (PTSB) has lost an appeal against a Personal Insolvency Arrangement (PIA) which was confirmed in the Circuit Court in 2017. PTSB had voted against the terms of the PIA, in which the Personal Insolvency Practitioner proposed that the mortgage debt be written down, and the remaining bala

The Royal College of Surgeons has successfully appealed the Court of Appeal’s decision to quash its refusal to grant CPD accreditation for a live plastic surgery event. Chief Justice, Mr Justice Frank Clarke held that it was open to RCSI to reject the private clinic’s application for CPD

A man who stabbed his friend to death must serve a minimum of ten years' imprisonment before he can be considered for release by the Parole Commissioners. The man had consumed alcohol and drugs before fatally injuring his friend with a single stab wound.

A man who was convicted of sexually assaulting his two-year-old son while the child’s mother was at work has lost an appeal against his conviction. Finding that the trial judge had correctly admitted hearsay evidence in the interests of justice, Lord Justice Ben Stephens also dismissed the app

The Investor Compensation Company has lost an application to the High Court for directions which would enable it to be subrogated to the right of clients of a liquidated company to whom compensation has already been paid. Since the directions sought by ICCL did not relate to identified claims, Ms Ju

A man who was made a Ward of Court four days before he was due to be released from the Central Mental Hospital (CMH) has lost his appeal to the Supreme Court. Counsel for the man had argued that because he satisfied the statutory criteria for admission to the CMH under the Mental Health Act 2001, th

Four men have been given life sentences for the murder of a man who was shot in front of his three-year-old child in Bangor in 2017. Stating that the murder had “paramilitary overtones”, Judge Adrian Colton imposed minimum tariffs of between 15 and 16 years for the men who had pleaded gu

The requirement for a person to prove beyond a reasonable doubt that they did not commit an offence in order to access compensation for a miscarriage of justice does not breach their right to presumption of innocence, the Supreme Court has ruled. The question in the appeals was whether the definitio