The Supreme Court has dismissed the appeal of a father who was convicted by common design of violent crimes perpetrated by his wife on their child in his absence. Delivering the lead judgment for the Supreme Court, Mr Justice Peter Charleton concluded that “purpose is to be inferred through sh
Gillian O'Hanlon BL
The Supreme Court has determined that the housing minister's power to make binding guidelines under s.28(1C) of the Planning and Development Act 2000 does not infringe Articles 15.2.1⁰ and Article 28A of the Constitution. Delivering the lead judgment for the Supreme Court, Mr Justice Gerard Hogan
The High Court has dismissed the HSE’s appeal of a decision of the Information Commissioner which determined that the HSE could not withhold registers concerning its employees' interests following a request by RTÉ. Delivering judgment for the High Court, Ms Justice Marguerite Bolger det
The High Court has dismissed an application by Enoch Burke seeking to set aside the High Court’s order granting a permanent injunction against him and declaring the decision of the Board of Management of Wilson’s Hospital School to place him on paid administrative leave lawful. Deliverin
Northern Ireland's High Court has dismissed a businessman's claim for financial provision from his late father's estate in circumstances where those parties had a fractured relationship and where he was entirely capable of earning an independent living. Delivering judgment for the High Court, Mr Jus
The High Court has determined that a woman who was handed an envelope containing a P45 without any explanation whilst on sick leave during her pregnancy was the subject of discrimination and did not have to make further enquiries as to whether this constituted a dismissal. Delivering judgment for th
The Supreme Court has determined that a participant in a joint enterprise which resulted in a serious assault and robbery failed to take steps to withdraw which were sufficiently proportionate to his role in planning the crime. Delivering judgment for the Supreme Court, Ms Justice Iseult O’Mal
The High Court has determined that there is no inconsistency in loan terms which provide for the end of the agreement on a particular date and the accrual of interest thereafter. Delivering judgment for the High Court, Mr Justice Rory Mulcahy determined: “In circumstances where the terms of th
The High Court has made findings of actual undue influence and unconscionability and has ordered the repayment of misappropriated funds in a case where a deceased woman's son took advantage of her dementia for his own benefit. Delivering judgment for the High Court, Mr Justice Brian Cregan determine
The High Court has determined that St James's Hospital has no liability for a widow's psychiatric injury which arose from witnessing her late husband's declining health from terminal lung cancer, where his diagnosis was initially missed by the hospital's radiologist. Delivering judgment for the High
The High Court has upheld a decision of the minister for social protection concerning the suspension of disability allowance of a former prisoner, and has refused to strike down s.210(1) of the Social Welfare Consolidation Act 2005 as unconstitutional. Delivering judgment for the High Court, Ms Just
The High Court has refused the trial of a preliminary issue as to whether the exercise of the executive power concerning external security and external relations was justiciable by the courts. Delivering an ex tempore judgment for the High Court, Mr Justice Brian Cregan considered inter alia that th
The High Court has determined on a habeas corpus application that both the application form and admission order for the involuntary detention of the applicant were deficient and that the respondent could not "mend its hand" after the fact. Delivering an ex tempore judgment for the High Court, Mr Jus
Northern Ireland’s High Court has confirmed that it can issue letters of request for documentation to a foreign court by reference to the Evidence (Proceedings in Other Jurisdictions) Act 1975. Delivering judgment for the High Court, Mr Justice Adrian Colton determined that as the Judicature (
The High Court has determined that Revenue and the Tax Appeals Commission erred in determining that debt forgiveness granted to a company should be treated as a trade receipt pursuant to s.87(1) of the Taxes Consolidation Act 1997. Delivering judgment for the High Court, Mr Justice Oisín Quin