Case Reports

A refusal by Poland's Constitutional Court to disclose two judges' meeting diaries to an NGO breached its right to freedom of expression, the European Court of Human Rights (ECtHR) has ruled. The NGO had submitted requests for information in the context of media speculation over whether the two judg

The High Court has determined that it was reasonable for applicants to issue proceedings seeking leave for judicial review where the minister for justice had indicated her intention to deport the infant applicant. Delivering judgment for the High Court, Ms Justice Marguerite Bolger stated that the a

The Court of Appeal has determined that Iconic Newspapers Ltd could not rely on the defence of qualified privilege in respect of a publication which erroneously stated that the respondent featured on Revenue’s ‘tax defaulters list’. Delivering judgment for the Court of Appeal, Mr J

The High Court has determined that a family participating in the State’s witness security programme (WSP) are not entitled to obtain amended birth certificates or marriage certificates to reflect their new identities. Delivering judgment for the High Court, Mr Justice Rory Mulcahy opined that

Northern Ireland’s High Court has dismissed a son’s claim for proprietary estoppel in respect of farmlands which were the subject of his father’s will. Delivering judgment for the High Court, Mr Justice Ian Huddleston observed: “What this case boils down to is the fact that t

The Court of Appeal has determined that a prisoner who threw a Bible at a sentencing judge was liable for disciplinary action by the prison governor and that this jurisdiction co-existed with the court’s contempt jurisdiction. Delivering judgment for the Court of Appeal, Ms Justice Úna

The High Court has refused an application to prohibit a trial concerning sexual offences alleged to have been committed in the 1980s. Delivering judgment for the High Court, Ms Justice Marguerite Bolger determined that there was no evidence of “inordinate, culpable or unjust delay” and t

The High Court has dismissed a claim for specific performance of a settlement agreement for want of prosecution. Delivering judgment for the High Court, Mr Justice Rory Mulcahy stated that “where a party is seeking to enforce a compromise of earlier proceedings", the "public policy which sees

The Supreme Court has referred a question to the European Court of Justice concerning its obligations in respect of a man requested to be surrendered to the UK for alleged terrorism offences. Delivering judgment for the Supreme Court, Ms Justice Marie Baker considered that: “Mere evidence of d

An anonymous British soldier has been imprisoned by a Scottish court for six months for contempt of court after he failed to appear at a coroner’s inquest into the deaths of three men during a military operation in Northern Ireland in 1991. The petitioner, the Presiding Coroner of Northern Ire

The Supreme Court has determined that the High Court erred in granting an interlocutory injunction to a company to restrain its employees from continuing industrial action in light of s.19 of the Industrial Relations Act 1990. Delivering judgment for the Supreme Court, Mr Justice Donal O’Donne

The High Court has struck out proceedings brought in respect of an order for possession over a Wexford property because they were res judicata and an abuse of process, echoing Ms Justice Eileen Roberts’ concerns about the ‘services’ provided by the second plaintiff. Delivering judg

The High Court has determined that a mother could not rely on the ‘grave risk’ defence to prevent the return of her children to Germany in a Hague Convention case. Delivering judgment for the High Court, Ms Justice Mary Rose Gearty opined that “…despite evidence from a docto

The Court of Appeal has determined that the High Court should not have extended an undertaking as to damages where no objection was made to the undertaking before or during the injunction hearing and where there was insufficient evidence to support Teva’s novel application. Delivering judgment

The Supreme Court has upheld the orders of the High Court forcing the Child and Family Agency (CFA) to apply for special care orders and granting special care orders in circumstances where the CFA pleaded a lack of resources. Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan emphasi