Case Reports

A man who had his custodial sentence reduced from ten-months to six-months, with a further four-months suspended for a period of five years, has lost his appeal against his sentence in the High Court. Finding that the Circuit Court judge did not err in his judgment, Mr Justice Max Barrett refused al

A businessman whose premises were searched by the Gardaí on foot of a search warrant in 2014, has had his appeal dismissed in the Court of Appeal. The man had been refused an order for discovery of the relevant information in the High Court as he was not entitled to such, and the Court of Appeal up

The term "spouse" includes a spouse of the same sex for the purposes of European free movement, even in member states whose laws do not provide for same-sex marriage, according to Advocate General Melchior Wathelet. Although member states are free to authorise marriage between persons of the same se

A man who fractured his shoulder when he tripped on a stone block projecting from the Luas Bridge has been awarded €67,500 for disability and loss of function to his right arm. Declining to make any finding of contributory negligence on the part of the plaintiff, Mr Justice Barr awarded €40,000

An Garda Siochana Ombudsman Commission (GSOC) has been successful in an application for judicial review, quashing an order for costs against it made in Sligo District Court in 2013. In the High Court, Ms Justice O’Regan found that GSOC was not a party to the proceedings in the District Court, as i

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