Killian Flood BL

The Court of Appeal has overturned an €80,000 award in damages for psychiatric injury for an electrician who avoided being electrocuted when trying to repair a street light. The court ruled that the plaintiff failed to properly satisfy the test set out in Kelly v. Hennessy [1995] 3 IR 253 becau

The Supreme Court has confirmed the final orders in the recent landmark decision regarding the constitutionality of the Workplace Relations Commission procedures. The court determined that the applicant was entitled to the full costs in both the Supreme Court and High Court. In making the decision,

The High Court of Northern Ireland has awarded more than £250,000 to the estate of a deceased victim of military brutality on Bloody Sunday. The victim, Ms Margaret Deery, was shot through her thigh with a high-calibre bullet, resulting in massive damage to her leg and serious medical complica

The High Court has granted the temporary suspension of a doctor from practice due to his actions in response to the Covid-19 pandemic. The doctor allegedly failed to refer his patients for Covid-19 testing and claimed that he would not administer the vaccine to his patients. Further, the doctor refu

The High Court has quashed a decision of the School Transport Appeals Board, which determined that free transport should not be provided to an autistic boy to attend school. In allowing the application for judicial review, the court held that the Appeals Board failed to provide adequate reasons for

The Supreme Court has upheld the constitutional validity of the Workplace Relations Commission (WRC) in a significant ruling relating to the administration of justice in the State. It was held that the WRC process was not unconstitutional due to the lack of an appeal to the courts. Although the cour

The Court of Appeal has dismissed an appeal from a man convicted under the Misuse of Drugs Act 1977 for being in possession of drugs with a value of more than €13,000. The man had claimed that the drugs had a market value worth less than €13,000 because, when sold between dealers, the drug

The Supreme Court has outlined the proper approach to appeals in cases where a party claims to have received incompetent legal representation. The court determined the appropriate procedural stages to an analysis by an appellate court in assessing substandard representation. Further, the court made

The Supreme Court has ordered Quinn Insurance Limited to provide security for costs to PricewaterhouseCoopers, whose legal bill stands at €30 million in the long-running dispute. In reaching this decision, the court reiterated the proper approach to security for costs (SFC) applications and out

The High Court has rejected a medical negligence action arising from the provision of IVF fertility treatment to a woman. The plaintiff had alleged that the defendants had failed to properly identify a fibroid in her uterus, which caused a number of unsuccessful and painful IVF procedures. Giving th

The High Court has determined that an accident report form compiled by a defendant to a personal injuries claim was not discoverable due to litigation privilege. In reaching the decision, the court accepted that a personal injuries claim is usually brought against an employer following an accident a

The Supreme Court has confirmed the proper legal test when an appellate court is considering admitting new evidence or argument on appeal. Delivering the judgment in the case, Mr Justice John MacMenamin held that a more flexible approach needs to be taken by an appellate court when considering new i

The Court of Appeal has reduced the sentence for a man found guilty of robbery and vehicle theft after the sentencing judge gave a “clear indication” that he would issue a lenient sentence if the man continued his rehabilitation. Giving judgment in the case, Mr Justice Seamus Woulfe redu

The Court of Appeal has ordered that a defendant in an unjust enrichment claim must make discovery of the price paid to National Asset Loan Management Limited for the plaintiff’s loans. The court determined that the purchase price was a relevant and necessary piece of information to the procee

The High Court has refused an “innovative motion” to decide EU law points in a planning application despite the court already having quashed the decision on domestic law grounds. In Balscadden Road SAA Residents Association Ltd. v. An Bord Pleanála (No. 1) [2020] IEHC 586, the cou