Case Reports

A third-country national may, as the parent of a minor child who is an EU citizen, rely on a derived right of residence in the EU, the Court of Justice of the European Union has ruled. The fact that the other parent, an EU citizen, could assume sole responsibility for the primary day-to-day care of

A solicitor who successfully brought a case against TV3 for “unintentionally” defaming him in the course of a 9-second broadcast in 2013, has had his award of damages reduced from €140,000 to €36,000 by the Court of Appeal. Delivering the judgment of the three-judge Court, Mr Justice Gerard

Two Assistant Censors at the Irish Film Censor's Office have failed to secure injunctions preventing Justice Minister Frances Fitzgerald from dismissing them until High Court proceedings which have been brought have been determined. The applications were brought by Olga Bennett, a former Fianna Fái

A general and absolute prohibition of any advertising for the provision of oral and dental care services is incompatible with EU law but objectives relating to the protection of public health and of the dignity of the profession of dentistry may, nevertheless, justify supervision of the form and man

A woman who was denied leave to remain in the UK after overstaying her six-month visa for almost seven years has had her application for judicial review dismissed in the High Court. The woman argued that the Home Office decision maker had erred in not allowing her case to go to a Tribunal, and that

An 81-year-old man has been unsuccessful in his application for leave to appeal both the severity of his sentence of six years' imprisonment and his conviction for chronic abuse of eight of his children. He argued that the judge had erred in refusing his application to vacate his guilty plea after h

The High Court has granted an order pursuant to the Rules of the Superior Court, joining the Official Liquidator of a company to proceedings brought by a creditor of the liquidated company. In the ongoing proceedings, the creditor has alleged that the two former company directors were improperly pai

A man has been granted a declaration in the High Court that the Further Education and Training Authority, SOLAS, is not entitled to impose a requirement for reassessment as a condition for renewing registration cards. The man’s qualifications were not time limited, and the EU’s requirement for �

In the ongoing dispute between former Presidential candidate Mr Sean Gallagher and Raidió Teilifís Éireann, the High Court has granted RTÉ an order for an independent expert to oversee the discovery process, after Mr Gallagher failed to comply with the discovery order made in his action against

A writer has lost a High Court action alleging negligence and other unlawful conduct against a solicitor he instructed in protracted proceedings against Roddy Doyle and the Abbey Theatre. Finding that there was no causal link between the professional losses suffered by the writer and the actions of

in illicit trafficking of narcotic drugs and psychotropic substances occurring in November 2010. The European arrest warrant (hereafter EAW) was issued in April 2013 and was endorsed by the High Court in February 2016 pursuant to the provisions of s. 13 of the European Arrest Warrant Act 2003, as a

A man who provided two separate guarantees for his son’s loans in excess of €1m has lost his appeal against a High Court order granting a summary judgment in favour of the crediting bank. The man submitted that the bank failed to take steps to ensure that, as guarantor, he freely consented to th

A man who fractured his knuckle after tripping on a footpath while jogging has been awarded €60,000 in damages after it was found in the High Court that South Dublin County Council breached the common duty of care it owed to the man by failing to repair the footpath. Included in the award made by

A 59-year-old man has been awarded €675,116.72 in damages by the High Court after an accident at work which caused him serious injuries. The defendant company accepted liability for the accident, but since it had created a non-physical job for the man to return to after he recovered from his accid

A woman who broke her ankle on a night out at a Wexford rugby club fundraiser has had her action against the club dismissed by the High Court. Mr Justice Barr questioned the demeanour of the woman as a witness, and criticised the woman for withholding evidence from her own expert witness – stating