Case Reports

The Court of Appeal has allowed an appeal against part of a sentence imposed on a man convicted of committing serious sexual offences on his sisters. Ruling that the sentence of 20 years' imprisonment in respect of five counts of rape should remain in place, Lord Chief Justice Morgan took into consi

A couple from the Philippines have been unsuccessful in their application to have their 22-year-old niece, adopted by them in 2011, to be registered in the Register of Intercountry Adoptions pursuant to Section 90(2) of the Adoption Act 2010. Refusing the application, Ms Justice Leonie Reynolds stat

A digital privacy group has had its application for a preliminary ruling on the validity of domestic legislation refused in the High Court. Finding that the issues in the case were too complex to justify proceeding without evidence, Ms Justice Costello dismissed the notice of motion.

Overturning a decision of the High Court, a three-judge Court of Appeal has found the arrest and detention of an escapee, five years after “walking out” of an open prison, to be in accordance with the law. Although the prisoner had not made any attempt to conceal his whereabouts throughout this

Zurich have been successful in their application to be joined as co-defendants in personal injury proceedings, despite declining to insure the policy holder in the proceedings. Mr Justice Meenan rejected arguments put forward by the plaintiffs’ that there had to be exceptional circumstances for Zu

An application for judicial review by two same-sex couples was dismissed on the basis that the Strasbourg Court does not recognise a right to same-sex marriage, with Justice O’Hara stating that he was bound by the Ullah principle. Sympathising with the applicants, Justice O’Hara stated that he h

The pressure group set up to contest the grant of planning approval for 300 pylons from Tyrone to Meath have had their challenge dismissed in the High Court. Dismissing the application which involved 16 reliefs being sought, Mr Justice Max Barrett sympathised with the applicants but stated that the

Pursuant to the An Garda Síochána (Compensation) Act 1941-1945, a former Garda has been awarded €50,000 compensation for injuries sustained while arresting a woman in Dublin in 2003. Sitting in the High Court, Mr Justice Bernard Barton was satisfied that the medical evidence submitted on behalf

A woman who bought her home from the council in 2005 has been granted an order of certiorari quashing the decision of Meath County Council, which refused her permission to sell her home and relocate now that her children have grown up and moved out. Directing the Council to reconsider the woman’s

Seven plaintiffs have been awarded a total of €52k for injuries arising out of a two car collision involving a car owned by Hertz Rent-a-Car. Hertz contended that the collision was a “set up”, based on the plaintiffs’ membership of the same “republican” society, and the jovial nature wit

A 22-year-old man who was sentenced to a term of five-years' imprisonment for possession of explosives and ammunition has lost an appeal against his conviction and sentence in the Court of Appeal in Belfast. Applying the approach in R v Pollock, Lord Justice Weatherup found that the convictions were

The successors in title of land subject to a negative covenant contained in a lease agreed to in 1981 have had their application for a declaration that the covenant was unlawful refused in the High Court in Belfast. Finding that the application of the doctrine of restraint of trade to successors in

A man who disposed of upwards of £76,000 from his father’s estate while acting as executor has been found by the High Court in Belfast in breach of his legal and statutory duty as an executor, and guilty of devastivit in carrying out his role as executor of the estate of the deceased. Referring t

A woman who has been living in a tent outside the offices of Carlow County Council has had her application for judicial review of council decisions refused by the High Court. Finding that the council had discretion under the Housing Act 1988, Mr Justice Meenan was satisfied that the decision to refu

A man who sought a declaration that his marriage in London was valid under the law of Northern Ireland has had his application refused by Mr Justice O’Hara, sitting in the High Court in Belfast. Finding that the recognition of his marriage as a civil partnership in Northern Ireland was not a viola