Case Reports

A member of the Gardaí has been awarded €52,000 in respect of a Road Traffic Accident (RTA) that occurred in the performance of his duties in 2002. In the High Court judgment, Mr Justice Bernard Barton accepted that ongoing injuries were unrelated to the RTA, and were largely aggrivated by an ass

A man who claimed, inter alia, that law firm McCann FitzGerald hired a private detective who threatened him and his family, has had his appeal dismissed by the Supreme Court. The man sought damages for nuisance, and alleged that the actions of McCann Fitzgerald and a number of other solicitors firms

A woman who waited two years for a decision on subsidiary protection has been awarded nearly €2,000 for the consequent delay on her application for child benefit in respect of her son. In the High Court, it was found that the failure to communicate a decision within a year was in breach of the wom

A solicitor who has had conditions imposed on his practicing certificates for the last three years has had his case against the Law Society of Ireland dismissed in the Court of Appeal. Mr John F. Condon sought to appeal two decisions in the High Court relating to conditions imposed on his 2015 and

Under Directive 93/42 on medical devices, a notified body involved in the procedure related to the EC declaration of conformity is not under a general obligation to carry out unannounced inspections, to examine devices and/or to examine the manufacturer’s business records. However, where it is pre

The High Court in Belfast declined jurisdiction in the case of a Police Service of Northern Ireland (PSNI) Inspector who brought an application for judicial review, finding that the matter was not to be treated as one of public law. The inspector, Ms Pamela Colville, brought an application for judic

A gym owner has avoided a prison sentence for beating his girlfriend and breaking her teeth after she questioned him about being out late. Kevin Loughnan (28) brought €10,000 to court as compensation for his now former partner. Judge Melanie Greally ordered that this be paid over.

A man who began sexually abusing the younger sister of his wife when she was six, and continued to do so until she was 18, has been unsuccessful in challenging the safety of his conviction in the Court of Appeal. The man sought to challenge, inter alia, the admissibility of evidence from several wit

A man who attempted to claim Irish citizenship on the contention that he was born in a house in Dublin in 1940, and was brought back to Russia before being registered at that time, has had his application rejected in the Court of Appeal. Reversing the decision of the High Court, Mr Justice Gerard Ho

A High Court judge has strongly criticised "shadowy advisers" who he said are giving flawed legal advice to those challenging repossession orders. The comments were made by Mr Justice Seamus Noonan when giving judgment on an application by Mark Flynn and Mairead Flynn from Derry Shercock, Co Cavan w

of the member states.

A man who was systematically abused by a former Marist Brother while at National School has been awarded €75,000 by a five-judge Supreme Court. The current Provincial of the Marist Order Brother Patrick McGowan appealed a High Court judgment which awarded the man €315,000 after assessing the Ord

of further offers from other interested parties. The Court heard that in the end, Mr Mellon did not actually submit a tender – Justice Humphreys said that it was likely that this was because he did not in fact have the funds immediately available. Thus, Justice Humphreys stated that “it was rea

Comparative advertising based on prices as between shops having different formats and sizes is unlawful in certain circumstances and is also liable to be misleading if the consumer is not informed clearly in the advertising itself of the difference in format and size of the shops in respect of which

The mother of a pupil attending an all-girls school in north Belfast has been unsuccessful in challenging the Department of Education decision to amalgamate her daughter’s school with an adjacent all-boys school. In the High Court in Belfast, the woman brought an application for judicial review ar