Case Reports

A plumbing business has had its appeal against a decision of an employment tribunal unanimously dismissed after justices in the Supreme Court endorsed the decision of the tribunal, namely that the respondent was, inter alia, a worker in terms of the Employment Rights Act 1996. The Respondent, Gary S

The legal representatives of a Polish national who was served a removal order while imprisoned in 2015 have been ordered to pay the costs incurred by the State in judicial review proceedings brought on behalf of the man on the day before his scheduled removal in 2016. Stating that the legal represen

A Spanish man who was detained on the basis of allegations he had sexual relations with minors suffered violations of his Convention rights, the European Court of Human Rights has ruled. In today’s Chamber judgment in the case of Fernandes Pedroso v Portugal the court held, unanimously, that there

A woman has been awarded almost €20,000 for past and future pain and suffering and loss of enjoyment of life as a result of injuries suffered when she slipped and fell at a pub in Wicklow in 2012. Mr Justice Keane said that the pub was negligent and in breach of duty by failing to install a handra

In relation to proceedings issued following the breakdown in the relationship between Carl Frampton and former manager Barry McGuigan, the High Court rejected submissions that England was the appropriate forum to hear the claims and that Northern Ireland was forum non conveniens. Finding that one of

A request for a reference to the Court of Justice of the European Union for a ruling on the question of whether the United Kingdom can unilaterally revoke its notice of intention to the leave the EU has been refused, Scottish Legal News reports. A judge in the Court of Session in Edinburgh ruled tha

The Northern Ireland Human Rights Commission (NIHRC) has lost an appeal to the UK Supreme Court in which it sought declarations that the current law on abortion in Northern Ireland is incompatible with the European Convention on Human Rights in cases of rape, incest, and fatal foetal abnormality. By

The Government has agreed to nominate High Court judges Ms Justice Marie Baker and Mr Justice Brian McGovern for appointment to the Court of Appeal, as well as Tara Burns SC for appointment to the High Court. The Government also agreed in principle to nominate Mr Justice Patrick McCarthy of the High

The European Court of Human Rights has ruled that the Irish Government did not violate the property rights of a mussels company by the way it had complied with EU environmental legislation. The case was brought by O'Sullivan McCarthy Mussel Development Ltd, a company based in Killorglin which cultiv

The High Court has found that it is entitled, of its own motion, to consider granting bail to a man sought for surrender pursuant to a European Arrest Warrant. Where the man had not made an application for bail, but where it was almost certain that he would be further remanded pending the outcome of

Judicial review proceedings brought by a former prisoner who was subject to screened visits when granted status as a protected prisoner in Mountjoy Prison have been ruled moot. Concluding that the proceedings had been rendered moot, Mr Justice Gerard Hogan said that it would be inappropriate to pron

Justice Minister Charlie Flanagan is expected to propose new appointments to the Court of Appeal bench this week following a public plea from the court's president, The Irish Times reports. Shortly after being sworn in, Mr Justice George Birmingham called for urgent appointments to address the long

The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex, the Court of Justice of the European Union has ruled. Although the member states have the freedom whether or not to authorise marria

Independent News and Media (INM) have had their application for judicial review of a decision taken by the Office of the Director of Corporate Enforcement (OCDE) dismissed by the High Court. Stating that INM’s argument that it had a right to be consulted prior to the institution of legal proceedin

A man who was said to have been in a state of drug-induced psychosis when he fatally stabbed his mother in 2011, has had his appeal against his conviction dismissed by the Court of Appeal. Dismissing all four grounds raised by the man, Mr Justice Edwards said that the trial judge's directions to the