Killian Flood BL

The Court of Appeal has held that a fund was entitled to argue in the course of well-charging proceedings that the debtor created an equitable charge over the property. The High Court had determined that the plaintiff could not raise this argument because the plaintiff was not able to rely on a lien

The High Court has placed MAC Interiors into examinership despite the fact that the company was registered in Northern Ireland and therefore outside the European Union. The company had claimed that a combination of factors including the pandemic, losses in a Liverpool development and global supply c

The High Court has set aside judgment in default of defence obtained on foot of an unless order due to the very difficult personal circumstances experienced by counsel during the period in which a defence was to be delivered. The court held that special circumstances existed in the case to set aside

The Circuit Court has awarded €2,000 to an employee for non-material damage arising from a data breach by his employer. The plaintiff was identifiable in a training video relating to unacceptable work standards which was seen by management. Delivering judgment in the case, His Honour Judge John

The High Court has ruled that the Health Service Executive did not owe a duty of care to the parents of a woman who died from cervical cancer following an alleged misdiagnosis in the cancer screening process. The HSE had argued that the decision in Morrissey v. Health Service Executive and Ors. [201

The High Court has awarded €69,000 in damages to a delivery driver who suffered a knee injury after stepping into a pothole while alighting his vehicle. The defendant was Tipperary County Council which was the authority in charge of the road. Delivering an ex tempore judgment in the case, Mr Ju

The High Court has ruled that an applicant was not entitled to an order restraining his prosecution for an assault allegedly committed as a child despite culpable prosecutorial delay by the authorities. The incident occurred in May 2017 when the applicant was 16 years old but he was only summonsed b

The High Court has dismissed a personal injuries action brought against a school by a former student alleging negligence in the conduct of a PE class. The student claimed that a relay race had been organised negligently and, as a result, he fell into a wall. Delivering judgment in the case, Ms Justi

The High Court has refused a school’s application to dismiss personal injuries proceedings for delay despite the plaintiff’s solicitors failing to respond to requests for a hearing date for 20 months. The plaintiff was a former student at the school who alleged that she was pushed down t

The High Court has ruled that a young woman who sustained significant scarring to her face in a road traffic accident was entitled to €86,000 for her injuries. The total award was reduced by 20 percent to account for the plaintiff’s contribution to the accident by failing to wear a seat b

The Court of Appeal has quashed the conviction of an alleged child sexual abuser on the grounds that the trial judge did not correctly charge the jury in respect of the doctrine of recent complaint evidence. The accused’s counsel has not raised a requisition at the time or in the original noti

The High Court has dismissed Ammi Burke’s challenge to a Workplace Relations Commission decision based on the “extraordinarily unusual and unprecedented nature of the applicant’s conduct”. Ms Burke had brought a WRC complaint against her former employer Arthur Cox LLP allegin

The Court of Appeal has held that section 47 of the Family Law Act 1995 does not confer a jurisdiction on a court to direct the preparation of a psychologists’ report concerning the welfare of a child where no specific relief is sought relating to child welfare. The legislation had received li

The High Court has held that the Residential Tenancies Board (RTB) does not have jurisdiction to determine whether a valid tenancy existed in possession proceedings and, as such, refused an application by a defendant to adjourn the High Court proceedings until the RTB made a determination on the ten

The Court of Appeal has upheld a four-year disqualification from driving for a man who killed a 50-year-old woman in a rear-ending collision. The woman had been the passenger in a car driven by her daughter at the time of the accident. Delivering judgment in the case, Mr Justice John Edwards held th