Case Reports

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.

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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 Justice Irvine accepted that the Book of Quantum was out of date, that the award was disproportionate to his injuries, and that the jury had adopted an incorrect approach to the man’s con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

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