Case Reports

A mother and her three children who arrived in Ireland in 2007, and who were deported to Nigeria in 2011 after a failed refugee status claim and an unsuccessful subsidiary protection application, have lost their appeal in the Supreme Court. The applicants sought to challenge a 2012 High Court ruling

in it by being complicit with another in the formulation of a strategy to withhold full information from persons entitled to it, and in the discounting of moral and ethical concerns in the consideration that was given to a particular proposed course of action”. Considering Article 40.6.10 of the

Cork Institute of Technology has been granted an order of certiorari in the High Court, quashing the decision of the State to refuse to recognise certificates of proficiency granted under the authority of a UK approved maritime agency. Criticising the State and finding that the refusal was contrary

A man who was due payment of €50,000 pursuant to a Circuit Family Court Order is to proceed with a claim in negligence against his ex-wife’s solicitor, after the High Court refused to strike out the action. The dispute arose after the solicitor held the €50,000 owed to the man in a client acco

An application challenging the legality of the Regulations made to change the way in which tariffs would be calculated under the RHI Scheme has been dismissed in the High Court. Justice Colton concluded that the balance which the Regulations strike between the public and private interests is a fair

A man who was caught drink driving has had his appeal to the Supreme Court dismissed. In a unanimous judgment from the Court concerning the statutory interpretation of the Road Traffic Act 2010, Ms Justice O’Malley held that while the document relied upon to prove the breath alcohol level should h

in the attack and her account that she sought to restrain Hughes. Further, the trial judge was correct to admit this evidence and the other applications were refused.

In a landmark judgment, the Court of Justice of the European Union (CJEU) has ruled that Uber provides "a service in the field of transport", rather than a simple "information society service". The court said Uber provides, by means of a smartphone application, a paid service consisting of connectin

A man who was convicted of murdering another in Crumlin in 2001, has successfully appealed his conviction on the basis that the trial judge made impermissible comments to the jury that could have been construed as advocating the prosecution case. In the five-judge Supreme Court, the appeal was allow

The Minister for Health and Children has partially succeeded in an appeal to the Supreme Court, which was based on the statutory interpretation of the Hepatitis C Compensation Tribunal Acts 1997-2006. Delivering the unanimous decision of the five-judge Court, Mr Justice William McKechnie found the t

Price Waterhouse Cooper have been granted leave to appeal the decision of the Court of Appeal, which had limited the extent of particulars to be provided by Quinn Insurance Limited (Under Administration) in their action for damages. In proceedings involving an allegation of up to €800m in damages

State Authorities have lost an appeal against an order of certiorari, quashing a determination of the Sea Fisheries Authority, which had held that a fishing company had seriously infringed the regime established under the Common Fisheries Policy. In accordance with a companion case in which it was f

Permanent TSB plc has successfully appealed a finding which held that the Circuit Court did not have jurisdiction to make possession orders in relation to 6 properties on which mortgage payments had been defaulted. Giving the unanimous judgment of the five-judge Supreme Court, Chief Justice Clarke h

A 22-year-old woman seeking damages from her grandparents for sexual assaults she suffered at the hands of her grandfather while in their care has been granted an application for discovery of his psychiatric records. The woman has also been granted discovery of conveyancing documents for three prope

A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year, the Court of Justice of the European Union has ruled. A Colombian national, who was granted a long-term r