Case Reports

The Industrial Tribunal awarded a former employee of a Belfast City restaurant £7,000 for constructive dismissal, after her employer failed to address grievances she had brought up with him in relation to the behaviour of the restaurant manager and head chef, and consequently left her employment at

The unfair trial application of a convicted paedophile has been dismissed as "manifestly ill-founded" by the European Court of Human Rights as it vindicated the findings of the English Court of Appeal that the jury in his trial was impartial. The applicant, Shabir Ahmed, is a British national who wa

In the High Court, Justice McCorry struck out claims against the State involving negligence and misfeasance in a public office, brought by the widow of a man who was murdered in 1972. Justice McCorry found that the woman had no reasonable cause of action, but refused to strike out her claim of misfe

In the District Court, Justice Rosemary Horgan found that a mature minor who travelled to Ireland with an older gentleman was now habitually resident in Ireland, and had consensually entered into an intimate relationship with the man. Amidst allegations of child trafficking on the part of her parent

In the High Court, Justice O’Connor disqualified the director of an online event company for fraudulently taking €1m from the company’s PayPal account, and restricted another director for irresponsible conduct in relation to his failure to make further enquiries into the other director’s con

The European Court of Human Rights has unanimously rejected the applications of two men found liable in trespass, following the Omagh bombing in 1998, who claimed they had not been given a fair hearing because the proceedings were essentially criminal in nature and because hearsay evidence of an und

In an application before the Supreme Court, Chief Justice Denham has appointed a Notary Public for both County Cork and County Dublin, and all adjoining counties thereto. In the special circumstances regarding the appointment of a Notary Public to non-adjoining counties, Chief Justice Denham took in

Advocate General Sharpston has stated that the Court of Justice of the European Union should annul the measures maintaining Hamas and LTTE on the EU list of terrorist organisations, on procedural grounds. On 27th December 2001, the Council of the European Union adopted a common position and a regula

The Court of Appeal has dismissed an appeal brought by a 47-year-old man against the severity of his eight-year sentence for drugs offences. Justice Birmingham agreed with the decision of the trial judge to depart from the presumptive mandatory minimum sentence, stating that the man was more involve

An Employment Tribunal unanimously dismissed an appeal brought by an asbestos removal company, and affirmed the Prohibition Notice issued by the Health & Safety Executive for Northern Ireland (HSENI) due to the company’s contravention of statutory provisions governing asbestos removal that hei

A company’s application for the appointment of an examiner has been refused by the High Court on the basis that such an appointment would frustrate the outcome of recent contentious litigation. Justice Baker was not satisfied that the petition had been brought in good faith, stating that the true

A recidivist criminal serving a custodial sentence in the Midlands Prison for numerous offences applied to the High Court alleging that his committal warrants were not valid. Justice White found that the legislation upon which the prisoner made his submissions was not relevant, and that the prisoner

Placing a cosmetic product containing ingredients which have been tested on animals on the EU market may be prohibited where that testing has been conducted outside the EU in order to market the product in third countries and where the results of that testing are used to prove the safety of the prod

The High Court refused to grant a Ugandan solicitor an order directing Facebook to remove defamatory posts about him, posted by an anonymous third party. Justice Binchy ordered Facebook to disclose the identity and location of the person operating the page involved, but could not grant the other ord

The Court of Appeal has overturned the decision of Justice Baker in the High Court, and found that the Protective Certificate obtained by the solicitor had not caused the Credit Union to suffer an irreparable loss that would not otherwise occur. Any loss was an inevitable consequence that had been f