Case Reports

A man who was awarded costs in the High Court in 2011 against a judge whom he accused of objective bias has not been awarded costs despite successfully appealing a High Court order which was made once the matter was remitted by the Supreme Court. Finding that an award of costs could not be made agai

A man who was sentenced to three years' imprisonment for deception involving a vulnerable woman who was swindled out of €90,000 has lost an appeal against the severity of his sentence. Finding that the sentencing judge had not erred in fixing a headline sentence of 4.5 years where the maximum sent

A financial fund has been granted summary judgment for repayment of a €1.8 million loan which was facilitated by EBS in 2006. One of the property developers who agreed to the loan sought to argue that there was an oral agreement that he would not be personally liable to the loan, which was not inc

The Director of Public Prosecutions has been granted an order remitting dangerous driving proceedings to the District Court, which had previously been prosecuted summarily in error. The DPP sought to prosecute the man involved in a five-vehicle accident on indictment on a single charge of dangerous

A man who was unanimously convicted by a jury of seventeen counts of sexual assault and rape in 2016 has lost an appeal against his conviction. The man complained that the trial judge erred in admitting a memorandum of his Garda interview and also evidence about his admissions to the victim’s fami

National University of Ireland Galway has successfully appealed a High Court order which placed an injunction on an investigation into bullying complaints made by a member of staff. One of the respondents to the complaint alleged objective bias on the part of the independent investigator appointed b

In a claim involving a student who suffered catastrophic brain injuries after being hit by a bus in 2004, Bus Éireann has had its application to dismiss the claim for want of prosecution refused in the High Court. Finding that delay on behalf of the plaintiff was both inordinate and inexcusable, Mr

A woman who reported her former tenants to Tusla and to the Early Intervention Team at the HSE has successfully defended a defamation action against her, which was brought by her former tenants after an investigation into alleged violent behaviour towards their children was concluded in their favour

A woman who had a swab left in situ after giving birth in Cavan General Hospital has been awarded €40,160 in the High Court. The woman alleged to have suffered physical and psychiatric injuries as a result of the hospital’s mistake, which caused her to be unwell at a time when her new-born son w

A doctor who was convicted of indecent assault of a patient when she was a teenager in 1989 has had his conviction quashed by the Supreme Court. Delivering the judgment of the five-judge Court, Ms Justice Iseult O’Malley said that it was not possible to discount the real possibility that the jury

A member of An Garda Síochána who has been suspended from operational duties while on 90 per cent pay due to an incident involving a foreign national in custody has lost an appeal against the continuation of disciplinary proceedings against him. Finding that the Garda authorities were not preclude

An application brought by the Government of Ireland to revise the Ireland v United Kingdom ruling delivered in 1978 has been dismissed by the European Court of Human Rights. The request, based on two grounds of revision, was dismissed by 6-1, with Irish judge Síofra O’Leary providing a dissentin

The Supreme Court has held that in circumstances where an applicant seeking asylum has not provided an address, placing a deportation notice on file does not constitute “service by registered post at the last known address” for the purposes of the Immigration Act 1999. Criticising the applicant�

The High Court has referred two questions for determination to the CJEU, based on the finding that there has been a systemic breach to the rule of law in Poland. Stating that the recent legislative changes in Poland had an impact on fair trial rights, and were in breach of Article 2 of the Treaty on

A man who lodged a cheque to Danske Bank, which was dishonoured after he obtained a draft of €63,000 from the account in which he had lodged it, has lost an appeal against an order permitting the planitiff to amend their statement of claim to include an affidavit supporting damages for unjust enri