Case Reports

The High Court has determined that a mother could not rely on the ‘grave risk’ defence to prevent the return of her children to Germany in a Hague Convention case. Delivering judgment for the High Court, Ms Justice Mary Rose Gearty opined that “…despite evidence from a docto

The Court of Appeal has determined that the High Court should not have extended an undertaking as to damages where no objection was made to the undertaking before or during the injunction hearing and where there was insufficient evidence to support Teva’s novel application. Delivering judgment

The Supreme Court has upheld the orders of the High Court forcing the Child and Family Agency (CFA) to apply for special care orders and granting special care orders in circumstances where the CFA pleaded a lack of resources. Delivering judgment for the Supreme Court, Mr Justice Gerard Hogan emphasi

Northern Ireland’s High Court has determined that certain provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 breach ECHR rights and the Windsor Framework Delivering judgment for the High Court, Mr Justice Adrian Colton opined that “…there is no eviden

The Supreme Court has determined that the assignee of a company’s interest in a legal action may, in principle, by permitted to pursue the action by being substituted as plaintiff in lieu of the company. Delivering judgment for the Supreme Court, Mr Justice Seamus Woulfe stated that “if

The Court of Appeal has determined that the High Court treated the evidence of an expert witness appropriately and did not have to automatically accept the evidence because it was uncontradicted. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler stated: "If material is hyper-linke

The High Court has determined that public attacks by a defendant on a plaintiff's legal team aimed to dissuade them from continuing to act at the retrial of a defamation case, and as such the continuation of interlocutory reliefs previously granted was justified. Delivering judgment for the High Cou

The Supreme Court has refused an appeal against a deportation, determining that the inclusion in an ‘examination of file’ of a comment to the effect that the minister is not obliged to grant permission to reside or work under the heading of ‘employment prospects’ was not fata

The High Court has determined that discovery ordered by the Deputy Master of the High Court was too broad where it would capture the confidential and sensitive information of a number of 'non-parties' who had been sexually abused by the first defendant. Delivering judgment for the High Court, Mr Jus

The Court of Appeal has determined that, pursuant to a restrictive covenant in the retail park's leases, Mr Price cannot sell 'groceries' in competition with the anchor tenant, Dunnes Stores. Delivering judgment for the Court of Appeal, Mr Justice Robert Haughton did not accept the appellants’

Northern Ireland’s High Court has upheld an order freeing twin girls for adoption despite their mother’s contention that her aunt was a suitable kinship carer in light of her ability to accommodate the twins’ mixed racial and cultural background. Delivering judgment for the High Co

The Court of Appeal has determined that a notice party solicitor was entitled to his costs as against the appellant in proceedings arising from a decision of the legal costs adjudicator. Delivering judgment for the Court of Appeal, Ms Justice Ann Power considered that “it cannot be the case th

The High Court has determined that the International Protection Appeals Tribunal (IPAT) should have voluntarily adjourned a hearing to facilitate the procurement of a medico-legal report in circumstances where no adjournment application was made by the applicant. Delivering judgment for the High Cou

The Court of Appeal has determined that personal injuries proceedings will remain discontinued as against the Motor Insurers’ Bureau of Ireland (MIBI) where a compromise was reached between the parties and where the plaintiff's ex parte application to set aside its notice of discontinuance was

The High Court has determined that an employee was entitled to refuse to answer his employer’s questions whilst a criminal investigation was ongoing, but that entitlement would cease when the criminal investigation ended or if the plaintiff could establish that its interest in the performance