Case Reports

A man who was granted asylum in 2008, but had his asylum status revoked upon being found guilty of false imprisonment and sexual assault; has had his application for leave to apply for judicial review decisions regarding his deportation order refused in the High Court of Justice in Northern Ireland.

Advocate General Sharpston has clarified the criteria for determining an "emanation of the state" for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law. The concept of

A man who married two women in Lebanon, before seeking asylum in Ireland, has been granted a declaration that the marriage to his first wife in 1975 was valid as of the date of its inception. The issue regarding the first marriage arose because the man’s second wife was granted asylum on the basis

A woman who has commenced personal injury proceedings against the Health Service Executive and a pharmaceutical company responsible for distributing a swine flu vaccine in Ireland has had the majority of her categories of discovery refused pursuant to the principles established in Framus v. CRH plc

of industrial tribunal proceedings in 2007 was not made out - there was no causative link between the “protected act” and the detriment claimed and the appeal against that finding was dismissed. Further, in determining the claim for discrimination because of his political opinion, the Tribunal

Legislation in Russia banning the promotion of homosexuality breaches freedom of expression and is discriminatory, the European Court of Human Rights has ruled. Three gay rights activists complained about legislation in Russia banning the promotion of homosexuality, also known as the “gay propagan

A woman who lost one eye when the glass panel of a door shattered, and a shard went into her eye, has been awarded €200,000 in the Court of Appeal. The issue before the Court was an assessment of the duty of care owed by an occupier of premises to a visitor where they personally take on the task o

A Rossport resident and co-owner of land which Shell was prohibited from entering pursuant to a District Court Order made in 2007, has successfully appealed the High Court finding that the company's acquisition of a 1/62nd share of the land rendered the Prohibition Order moot. Concluding that Shell

Making available and managing an online platform for sharing copyright-protected works, such as ‘The Pirate Bay’, may constitute an infringement of copyright because the operators of that platform play an essential role in making those works available, the Court of Justice of the European Union

A man given a suspended sentence after pleading guilty to one count of causing grievous bodily harm by driving a motor car without due care and attention has had his application for leave to appeal refused by the Court of Appeal, after it was found the injuries other than the paralysis amounted to �

A woman who challenged the legality of differential treatment of Northern Ireland residents who are not able to undergo an abortion free-of-charge under the NHS in England has had her appeal to the UK Supreme Court dismissed by a 3:2 majority. Delivering the leading majority judgment of the Court, L

A company operating fish farms and fish hatcheries in Bantry Bay successfully brought an application for judicial review, quashing the decision of the Minister for Agriculture, Food and the Marine to revoke their licence. Ms Justice Marie Baker found that the impugned decision had not been made with

A member of the British Humanist Association (BHA) has been granted an order compelling the General Register Office to take all necessary steps to authorise a legally valid and binding humanist wedding ceremony. Sitting in the High Court in Belfast, Mr Justice Colton quashed the decision of the Gene

In a dispute involving bookmakers and Dundalk Racecourse, the Court of Appeal has found that the loss of betting ring pitches in the redevelopment of the racecourse in 2007 did not constitute a breach of contract. In a joint judgment by Ms Justice Mary Finlay Geoghegan and Ms Justice Mary Irvine, th

A couple who want to take their seriously ill baby to the US for experimental treatment against the wishes of the hospital in which he is being kept on life support have been refused permission to appeal by the UK Supreme Court. Chris Gard and Connie Yates, whose son Charlie suffers from MDDS, were