Gillian O'Hanlon BL

The High Court has refused to remit a matter for fresh consideration to the Information Commissioner on the basis that a dispute as to whether the Commissioner erred was still live. Delivering judgment for the Court of Appeal, Mr Justice Garrett Simons determined that a distinguishing feature of the

The Court of Appeal has dismissed the appeal of a hotelier convicted of rape who claimed that his legal team did not perform in accordance with his instructions, depriving him of a trial in due course of law.  Delivering judgment for the Court of Appeal, Mr Justice George Birmingham commented t

The Court of Appeal has upheld the sentence imposed on a minor for sexual offences, notwithstanding the result that he would serve the last part of his detention in an adult prison. Delivering judgment for the Court of Appeal, Mr Justice John Edwards stated that “to engineer a situation where

The High Court has determined that leave granted to bring judicial review proceedings concerning Kilkenny wind farm must be set aside. Delivering judgment for the High Court, Mr Justice Humphreys warned that “one can only encourage people not to leave it until the last day to try to institute

The High Court has determined that a strict liability tax offence concerning the sale of tobacco is not unconstitutional, despite removing the discretion of the trial judge to apply s.1(1) of the Probation of Offenders Act 1907. Delivering judgment for the High Court, Mr Justice Oisín Quinn c

The High Court has affirmed a decision of the Circuit Court to grant a planning injunction sought by the neighbour of the first respondent. Delivering judgment for the High Court, Mr Justice Michael Twomey stated: “While there will be hardship to Mr Hogan... when a planning injunction is sough

The Supreme Court has confirmed that that a five-point test applies in respect of identifying whether contracts are ‘contracts of service’ or ‘contracts for service’. Delivering judgment for the Supreme Court, Mr Justice Brian Murray cautioned that the judgment did not bind a

The Court of Appeal has dismissed an appeal from a refusal to prohibit the criminal trial of an accused who was 15 at the time of the incident complained of. Delivering judgment for the Court of Appeal, Mr Justice George Birmingham stated: “I do accept that the loss of anonymity is a significa

The High Court has dismissed an appeal from the refusal of the Circuit Court to join the plaintiff’s sister as a co-plaintiff to his “proper provision” proceedings. Delivering judgment for the High Court, Ms Justice Siobhan Phelan that the six-month time limit to institute proceedi

The Court of Appeal has dismissed the appeal of the parents of a newborn boy who died following a difficult birth. Delivering judgment for the Court of Appeal, Mr Justice Charles Meenan observed that despite the appellants’ contention that the verdict of natural causes was incorrect, “no

The Supreme Court has determined that the use of a polygraph machine during psychological assessment in the wardship context was not oppressive, and that the trial judge was wrong to exclude evidence of confessions made by the respondent at interview. Delivering judgment for the Supreme Court, Mr Ju

The High Court has granted relief in judicial review of a decision of the District Court to reinstate driving charge following its spoken order dismissing the charge. Delivering judgment for the High Court, Mr Justice Barry O’Donnell determined that whilst the “breast of the court”

The Court of Appeal has dismissed an appeal from orders granting summary judgment in which the appellant belatedly attempted to rely upon the O’Malley judgment. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy determined that whilst the appellant was entitled to apply to i

The Court of Appeal has dismissed an appeal against a High Court order granting discovery of post-accident medical records in a personal injuries claim. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler commented that “a party who wishes to rely on the availability of other

The Court of Appeal has quashed an assessment of the Personal Injuries Assessment Board (PIAB) for its failure to outline sums awarded for “dominant” and “lesser” injuries. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy ruled that the appellant was enti