Case Reports

A man who was convicted of two counts of sexual assault on a child under 13 contrary to Article 14 of the Sexual Offences (Northern Ireland) Order 2008 has successfully appealed his conviction. Giving the judgment of the three-judge Court, Stephens LJ stated that there was a failure on the part of t

A man described as someone who worked in manual labouring jobs all his life, and who broke his ankle on the front porch of a house he rented from Sligo County Council, has been awarded €105,650 in damages. Mr Justice Barr accepted the evidence of the man’s engineer that the tiles used on the fro

A solicitor who applied to the High Court for an injunction restraining ByrneWallace from dismissing him from his position as an associate solicitor, and for an order that ByrneWallace continue to pay his salary and other emoluments pending the trial of the action, has had his application rejected b

A woman who was awarded €121k for injuries sustained when another driver backed into the side of her car has had her award of damages reduced to €69k in the Court of Appeal. Delivering the judgment of the Court, Ms Justice Irvine found that the amount awarded was excessive to the point that it m

A man accused of breaching the terms of his contract with his former employer, by “assisting recruitment” and supplying confidential information to the company he moved to, has been ordered to make discovery of all documents “reasonably available to him by means of a data subject access reques

that bears only a passing resemblance to understandable English” was invariably against the defendant’s interests. Citing Tracey v Burton IESC 16, Justice Noonan also noted that “the days of reading things into the record, if they ever existed, have long since passed”.

In a dispute over a “set-off arrangement” to which Dunnes Stores was a party, the High Court has held that Dunnes has failed to establish a “strong case” in order to be granted injunctions pending the substantive proceedings. The lease

The High Court has suggested referring questions regarding repossession orders to the Court of Appeal, in a case which could potentially impact “many hundreds of other cases” and was therefore of considerable public importance. Proposing four questions which could be considered, Mr Justice Noona

A man who exercised his right to remain silent while being interrogated for murder in 2007 has successfully challenged the constitutionality of s. 9(1)(b) of the Offences Against the State (Amendment) Act 1998 – with which he was charged for failing to disclose information regarding the murder for

A group of residents, who sought declarations that work carried out by Dublin Airport Authority in preparation for a new runway was unauthorised development, have lost their application in the High Court. Sympathising with the applicants’ concerns, Mr Justice Max Barrett accepted that removal of a

A property developer who had an order of specific performance and damages in excess of €300,000 made against him has lost his appeal to the Supreme Court. Delivering the unanimous judgment, Ms Justice Iseult O’Malley was satisfied that the trial judge had not erred on the facts or the law; and h

An asylum seeker who had adverse credibility findings against him in the Refugee Appeal Tribunal has been granted an order of certiorari, quashing the Tribunal’s decision. Overturning the decision of the High Court to uphold the Tribunal’s findings, the Court of Appeal found that, in making an a

A woman who was refused refugee status after a papers-only appeal to the Refugee Appeals Tribunal, has successfully appealed the tribunal’s findings. Allowing her appeal, and refusing the State’s cross-appeal, Mr Justice Michael Peart found that the woman had not been afforded the opportunity to

The Board of Management of a National School in Dublin has been granted orders of certiorari quashing decisions which effectively directed the school to enrol a child in an oversubscribed class. Stating that this was “manifestly unfair” to the other unsuccessful pupils, Mr Justice Coffey agreed

Receivers appointed to a development company that had agreed with Dunnes Stores that it would be the “anchor” store in a Dublin development have successfully argued that they complied with the requirements of an agreement which obliged Dunnes to pay over €15 million plus interest. Criticising