Case Reports

The Supreme Court has, by a 3:2 majority, held that the adoption of two children by their aunt in their birth country may be recognisable in Ireland if “remedial measures” are taken by the Adoption Authority of Ireland and the Central Authority of the children’s birth country. Stating that any

A man who was convicted of rape and indecent assault of a girl in the 1970s has had his convictions quashed in the Court of Appeal following a referral by the Criminal Cases Review Commission. The man was convicted of both offences in 2006, and had his appeal dismissed in 2008. Submitting that there

The Minister for Defence has been successful in appealing an order for discovery of documents dating back to 1990, which it claimed was burdensome and would require 220 man hours to review. Varying the order of the High Court to limit the scope of discovery, Mr Justice Gerard Hogan said that the cas

The Supreme Court has held that plaintiffs in defamation proceedings, who have accepted an “offer of amends” pursuant to s.22 of the Defamation Act 2009, have the right to opt for a jury to assess the amount of damages in the event that the terms are not agreed upon. Considering appeals from “

fees. On 8 January 2009, it submitted a revised claim (iv) in which it asserted a right to claim overpaid VAT back to 1973 (i.e. before its incorporation in 1990) by relying on the 1990 Asset Transfer Agreement. After initially refusing all of Carlton’s claims, HMRC paid the sum claimed by Carlto

A woman who commenced personal injury proceedings against singer Rihanna has been granted an order deeming the service of the summons good. While Ms Justice Miriam O'Regan was not satisfied that there was valid service as a matter of New York law or US federal law; she held that the service actually

An Irish-medium secondary school has been successful in its application for judicial review in the High Court, where it was found that the Department of Education failed to give proper weight and consideration to its obligation pursuant to Art 89 of the Education (Northern Ireland) Order 1998 to enc

The Department of Infrastructure has lost an appeal against the ruling that a senior civil servant did not have the power to grant planning permission for a major waste treatment centre and incinerator in Mallusk. The decision had been made in the absence of a Minister due to the political impasse a

A man who was awarded nearly €100k as a result of negligence in Tallaght Hospital has had his claim upheld in the Court of Appeal. Rejecting the argument that the claim was statute barred, Mr Justice Michael Peart was satisfied that the plaintiff could not have been aware of the negligent omission

The Court of Appeal has ruled that Cork University Hospital (CUH) did not have the power to prevent a 93-year-old woman from leaving the hospital with her family in July 2016. The multi-disciplinary team at CUH which was treating the woman after she had broken both of her hips, were concerned about

The UK Supreme Court has clarified the use of closed material procedure under section 6 of the Justice and Security Act 2013, an issue raised in Belhaj and another v Director of Public Prosecutions and another. The appellants allege that they were abducted and mistreated by agents of foreign governm

A woman who was granted five hours of family access per year by the Child and Family Agency has had her Supreme Court appeal dismissed. Upholding the decision of the High Court to refuse to grant judicial review of the access arrangements in place, Mr Justice William McKechnie said the first applica

A letting agent that charged a tenant £36 for “online services” provided when the tenant was applying to rent a property in 2015, has been ordered by Belfast County Court to return the administration fee. Finding that if the agent had not been involved that the service paid for would have been

The Court of Appeal has found that the current law enables legally valid humanist weddings to be performed in Northern Ireland. Overturning the High Court’s declaration that the lack of equal recognition discriminated against humanists pursuant to Articles 9 and 14 ECHR by not protecting a manifes

An Irish man sought by the US on narcotics, computer hacking, and money laundering charges connected to his alleged role as an administrator for dark web site Silk Road has lost his appeal to the Supreme Court in which he sought to halt his extradition. Rejecting arguments raised by the man, who has