Case Reports

The Court of Appeal has overturned the finding of the High Court that the directors of a liquidated company were personally liable to a creditor pursuant to s. 297A of the Companies Act 1963. Justice Hogan stated that it was not enough to show that the directors were aware that the loss might have o

The European Court of Justice (ECJ) has ruled that website operators may have a legitimate interest in storing certain personal data relating to its visitors in order to protect itself against cyberattacks. The dynamic internet protocol address of a visitor constitutes personal data, with respect to

In the High Court in Belfast, Justice Horner found that a man’s failure to include a Penal Notice in an agreed order requiring a family to vacate his premises within a specified time did not preclude him from seeking to re-serve the order with the required Penal Notice attached. Background

The European Court of Justice (ECJ) has ruled that the initial acquirer of a copy of a computer program, accompanied by an unlimited user licence, may resell that copy and his licence to a new acquirer — however, where the original copy has been damaged, destroyed or lost, the acquirer may not pro

The High Court has granted an application from a hospital to treat a prisoner with intravenous medication notwithstanding the man’s refusal. Justice Humphreys was satisfied that the prisoner lacked the mental capacity to properly understand the consequences of his refusal, but that in any event, t

The European Court of Justice has ruled that Italy failed to fulfil its obligations under EU law by failing to guarantee just and appropriate compensation for victims of all violent intentional crimes. Under an EU directive, the victims of violent intentional crimes are entitled to fair and appropri

In the Court of Appeal, a three-judge Court dismissed the appeal brought by a former member of An Garda Síochána who was convicted of corruption for his part in an insurance scam involving a faked road traffic accident. In April 2011, Mr John Joe Synnott was sentenced to three years imprisonment,

A three-judge Court of Appeal has overturned the High Court’s finding that the son of a man who died intestate was conflicted in his role as legal personal representative of the estate. Justice Peart stated that the siblings’ speculation of future interference with the administration of their fa

The Court of Appeal overturned a finding of liability for negligence, and an award of damages for personal injuries in the sum of €40,000 made in favour of a woman who fell while using an escalator at the airport. Dublin Airport Authority (DAA) successfully appealed the High Court’s finding of n

The Supreme Court dismissed the appeal brought by a man who challenged the High Court’s construction of his father’s Will. In her judgement, Justice Laffoy found that the specific clause, which allowed the man to benefit from farmlands “until” an uncertain time, intended to create a determi

of the process by the service of this notice was out of time. In accordance with s. 811(7) of the TCA, Mr Droog appealed against the notice contending that it was out of time by reason of ss.924, 955 and 956 of the TCA.

in the forum requires prior registration. Background

The Court of Appeal overturned the decision of the High Court jury which had awarded the man €5,000 in 2013. Justice Irvine accepted that the Book of Quantum was out of date, that the award was disproportionate to his injuries, and that the jury had adopted an incorrect approach to the man’s con

A couple suspected of tax evasion whose home was searched did not suffer any violation of their article 8 rights, the European Court of Human Rights has unanimously held. The proceedings against them had been triggered when information about their assets held in a Liechtenstein bank had been illegal

In the absence of sufficient information regarding the claims the company sought to acquire, Justice Costello in the High Court held that the company, which itself was not a creditor to the O’Donnell estate, did not have the locus standi to make an application for the transfer of chose in action