Case Reports

A man who was imprisoned for rape in 1995, and who went on to sexually assault the four daughters of a woman he entered into a relationship with after his release, has had his sentence of 12 years reduced to 9 on appeal. Mr Justice Hedigan found that the sentencing judge had erred in principle when

The Bank of Ireland has been granted judgment of €970,000 outstanding for a mortgage loan granted to a couple in 2006. In a heavily critical judgment, Mr Justice Noonan emphasised that there was no tort of reckless lending, and found that the couple had no bona fide defence.

A woman has been awarded over £20,000 in the Northern Ireland Fair Employment Tribunal after it was found that she was discriminated against and victimised on the grounds of her religious belief or political opinion. The woman had been working for the company for over four years when a dispute aros

A man alleged to have committed 51 offences of fraud in the United States has been unsuccessful in his challenge to an order for his extradition under s.15 of the Extradition Act 1965. The man contended that the State was prohibited from ordering his extradition in circumstances where his offences w

The Revenue Commissioners have won an appeal against a decision of the High Court in which it had been found that an annual charge paid by a taxpayer on his rental properties was a rate “levied by a local authority” and therefore deductible against rental income. Delivering the judgment of the C

A man who sought to challenge issues of his inheritance by way of judicial review has had his appeal to the Supreme Court dismissed. Patrick Reen argued that the public house which had been established by his great-grandfather in 1860 should have been inherited by him in turn, like his father and gr

A farmer who bought an action against the Minister for Agriculture, Fisheries and Food for breach of contract has been awarded €299,320 in the Supreme Court. The department had failed to return cattle which had been seized in March 2006, after an agreement with the farmer – and the original sum

The UK Supreme Court has allowed an appeal by the Director of Public Prosecutions against the finding of the High Court in Northern Ireland that the DPP’s decision not to remit dishonest witnesses for re-sentencing was contrary to the interests of justice. Overturning the High Court's finding that

A nurse summarily dismissed after using an inhaler she took from the medical cupboard on her ward has successfully appealed the finding that she was fairly dismissed. Delivering the majority judgment, Lord Justice Deeny held that her actions could not constitute “deliberate and wilful misconduct�

Irish businessman Denis O’Brien, who has been involved in a long-running legal battle with public relations firm Red Flag, has lost his appeal for the discovery of the firm’s client. Mr Justice Sean Ryan, president of the Court of Appeal, stated that Mr O’Brien would have had a remedy if Red F

Objectors’ application for an order of certiorari of the determination of An Bord Pleanála to grant planning permission for data centre has been rejected by the High Court. Finding that the appropriate Environmental Impact Statement had been carried out, Justice McDermott stated that it would hav

A debtor has had his appeal to the High Court dismissed in a preliminary hearing, on the basis that he did not have locus standi to appeal an application pursuant to the Personal Insolvency Acts 2012-2015, which was brought by a personal insolvency practitioner in the first instance. Finding in favo

The defence team of a boy being sentenced for criminal damage and assault while detained, or about to be detained, in a Special Care Unit has unsuccessfully argued that convicting the boy of the charges would amount to a double penalty. Finding that the boy had a fair trial, Judge John O’Connor st

Three men, accused of being connected to a gun attack on the Police Service of Northern Ireland in 2013, have had their application for an order compelling the Sunday World to reveal the name or status of the journalistic source who disclosed evidence to the newspaper refused in the High Court in Be

A group of seven companies with a combined debt to Deutsche Bank AG of approximately €698m, has been successful in its application for an examiner to be appointed pursuant to s. 509(1) of the Companies Act 2014. Overturning the decision of the High Court to refuse the application, the Court of App