Killian Flood BL

The High Court has refused an application by a plaintiff for well-charging relief against a deceased’s estate on the basis that the monies had become payable in September 2008. It was held that the plaintiff’s claim was statute-barred as no proceedings had issued within two years of the

The High Court has quashed a sentence for burglary on the basis that the trial judge erred by refusing to allow counsel an opportunity to take instructions from their client. The defendant had pleaded guilty to stealing €5,000 from a house in at a hearing in 2021. Delivering judgment in the cas

The Court of Appeal has held that a mandatory disqualification from holding a driving licence due to careless driving only applies if the accused had two previous convictions for careless driving in a three-year period prior to the offence. The decision provides clarity on the issue of mandatory dis

The High Court has ruled that a doctor who was facing suspension from the medical register pending the outcome of disciplinary proceedings may be identified in media reports. The application was made by Mediahuis, who sought to name the doctor who had several serious driving convictions. In an ex te

The High Court has refused an application by a former sparring partner and friend of Conor McGregor seeking to restrain Mr McGregor from describing him as “a rat”. The plaintiff claimed that the insult meant that he was an informer and a person who betrays another. The application was br

As another year draws to a close, lawyers across Ireland will be settling down for the Christmas break. December is always a busy period as both clients and the courts are keen to finalise matters before every sits down to turkey, selection boxes and (for those inclined) festive tipples for three we

The High Court has released Enoch Burke from prison, stating that this was “one of the very rare cases where the coercive imprisonment should stop”. It was held that Mr Burke was motivated to remain in prison, having made a number of illogical decisions during the course of the litigatio

The High Court has restored a company to the Register of Companies despite objections from the director that the applicant had no locus standi to bring the application. The applicant was the assignee of loans which had transferred after the strike off from the Register and the director claimed that

The High Court has dismissed two claims for personal injuries involving a minor accident on the basis that the plaintiffs gave "false and inconsistent" evidence in the case. A central feature of the case related to one of the plaintiffs being referred to medical consultants by her solicitor, which t

The High Court has awarded €89,000 to a man who received a tear to his rotator cuff and psychiatric damage in a road traffic accident. In so ruling, the court applied the principles contained in the Personal Injuries Guidelines for compensation for multiple injuries. Delivering judgment in the

The Court of Appeal has ruled that the son of a defendant to possession proceedings may not represent his father in an appeal despite the fact that the son represented his father on numerous occasions in the High Court. The son had appeared 28 times in procedural lists on behalf of the defendant and

The High Court has dismissed a challenge by parents of a newborn baby who died shortly after his birth against a coroner’s verdict that the child died from natural causes. The parents identified a range of complaints, including that the decision was irrational, that insufficient time was provi

The High Court has ruled that a debtor must pay the costs of a creditor’s bankruptcy petition despite discharging the underlying debt in the case. The court has asked parties to address the issue of liability for costs because previous judges had taken a view that creditors were not entitled t

The Supreme Court has allowed an appeal brought by an accused who claimed that the Court of Appeal failed to consider the totality principle in his case. The man had successfully argued in the Court of Appeal that the trial judge had erred in sentencing him for several indecent assault offences, but

The High Court has delivered two further decisions on the Recoverable Benefits and Assistance (RBA) Scheme, holding that it is permissible for practitioners to seek consent orders apportioning liability between the parties to personal injuries actions. In so ruling, the judges rejected the reasoning