Case Reports

The State has successfully appealed orders of the High Court which overturned a Circuit Court decision regarding the interpretation of “ownership” under the Police Property Act 1897. Finding that the Circuit Court had correctly interpreted the statute, Mr Justice Sean Ryan, President of the Cour

A woman who petitioned for her own bankruptcy in 2016 has had her period of bankruptcy extended for nine months for failing to disclose assets of €8,000 which comprised loans and gifts given to her children. Stating that there was “grounds for disquiet” due to the extent of the woman’s discr

A couple who have been involved in various protracted proceedings against the State, which in this case include a further 21 named individuals, have lost their appeal against a 2010 High Court order. The couple submitted that the High Court judge was incorrect to strike out their motion for judgment

The Minister for Agriculture, Ireland, and the Attorney General have lost their appeal against a finding of liability for economic loss resulting from negligent advice given to commercial fishermen, which caused their arrest and a fine for engaging in commercial scallop fishing. Upholding the findin

The Garda Representative Association (GRA) have lost their appeal to the Supreme Court regarding the legality of sick leave Regulations introduced in 2014. The GRA argued that there was a legal entitlement to be consulted prior to the making of regulations which significantly reduced the level of re

The Pro Life Campaign have had their application to participate as an amicus curiae in an appeal involving Article 40.3.3 of the Constitution refused by the Supreme Court. Stating that the present action concerned a “pure issue of law” and that no “medical or social” issues were to be determ

A hospital in Cork subject to a personal injury claim from a man who contracted MRSA in 2005 has had its appeal dismissed in the Court of Appeal. The Hospital argued that the personal injury summons issued in 2008 was statute barred pursuant to the Statute of Limitations (Amendment) Act 1991, howeve

In a test case which impacts “some 400” pending cases, the High Court has ruled that debtors have a right to directly engage in the review by the Court of a proposed Personal Insolvency Arrangement (PIA). Finding that the Personal Insolvency Acts 2012 to 2015 did not envisage that the Personal I

A man who violently assaulted a two-year-old child by punching her in the head "with extreme force", has lost an appeal against the severity of his sentence. Finding that the starting-point of 16 years was "stiff but not manifestly excessive", Lord Chief Justice Morgan noted that the appellant had a

The Supreme Court has referred a question to the CJEU regarding the effect of Brexit on EU citizens who have been ordered for surrender to the UK. Delivering the judgment of the five-judge Court, Chief Justice Frank Clarke said that the issue raised by a man whose surrender had been ordered by the H

A firm of solicitors which is being sued for professional negligence has been refused an application to set aside an order renewing the plenary summons initiating the action against them. Finding that the main reason for the delay in the delivery of the Supreme Court, and accepting that the plaintif

A man who sought to appeal an order of costs made against him in the High Court in 2012, has been refused leave to appeal in the Supreme Court. The man sought to argue that the 33rd Amendment to the Constitution could be applied retrospectively as the issues were procedural in nature, however the fi

Asylum seekers may not be subjected to a psychological test in order to determine their sexual orientation, the Court of Justice of European Union (CJEU) has determined. The performance of such a test, the court said, amounts to a disproportionate interference in the private life of the asylum seeke

The mother of a child who has been habitually resident with her in Ireland since 2009 has been successful in the Court of Appeal, where it was determined that the Courts of Ireland have full and primary jurisdiction to make determinations with regard to all aspects of the child’s best interests an

ed surge in such applications coming from certain third countries which are thought to present real security concerns?