Case Reports

The High Court has found that the Clinical Director of the Central Mental Hospital did not breach his statutory duties or violate the Constitutional or Convention rights of a woman who sought to amend the conditions for her release from the Hospital. Furthermore, as the woman had been granted an un

The High Court has issued an order of certiorari quashing the decision of An Bord Pleanála to allow a wind farm to be built in County Clare on the grounds that they did not comply with the requirements of the Planning and Development Act 2000. Ms Kathleen Connolly had sought an order quashing a dec

The rental and lending rights in respect of books also applies to electronic books according to an Advocate General of the European Court of Justice. In the view of Advocate General Szpunar, the lending of electronic books is comparable to the lending of traditional books, which means that the gener

The Court of Appeal has found that twelve months imprisonment backdated to the date of guilty plea was not an unduly lenient sentence for the offence of possession of a syringe contrary to s. 7(1) and (2) of the Non Fatal Offences Against the Person Act 1997. The Court accepted that there were unusu

The Court of Appeal has found that the Taxing Master erred in his methodologies when calculating the appropriate fee in a medical negligence case. The proceedings concerned a case brought by Isabelle Sheehan (suing through her mother and next friend, Catherine Sheehan), with regards to negligence on

A trustee company that sought to prevent a financial services group from redeeming enhanced capital notes has had its appeal dismissed by judges in the UK Supreme Court. BNY Mellon’s appeal was dismissed by a 3:2 majority. Lord Neuberger gave the leading judgment, with which Lord Mance and Lord To

, as did the National Governing Body for Ireland. In addition to those international and national publications the defendant relied on the 2008 7th Edition of a publication entitled "Safe Practice in Physical Education and School Sport" published by the Association for Physical Education, which stat

The UK Supreme Court has unanimously allowed the appeal of an unfairly dismissed fingerprint officer involved in the McKie scandal, finding that the original Employment Tribunal’s (ET) interpretation of the relevant legislation leading to a reinstatement order was sound. Lord Hodge, with whom Lady

Northern Ireland's Court of Appeal has determined that the Lands Tribunal was correct in its interpretation of Article 55 of the Water and Sewerage Services (NI) Order 1973, in finding that it allowed for compensation for reductions in land values, not was not limited to damage caused directly by wo

The Court of Justice of the European Union has ruled the UK’s policy requiring recipients of child benefit and child tax credit to have a right to reside in the UK, while indirectly discriminatory, is justified by the need to protect the finances of the host member state. The regulation on the coo

The Supreme Court has clarified the law in relation to sexual assaults against males, noting that the impact of the case of S(M) v. Ireland & Ors (No.2) 4 I.R. 369 was not to limit sentences to two years, but to ensure that principles of equality were applied to sentencing for assaults against

The Court of Appeal has dismissed an appeal brought against a decision of the Financial Service Ombudsman, who had dismissed a couple’s complaint that their serious illness insurance had been revoked without their knowledge. The central question of the case was: Where the Financial Services Ombuds

The Supreme Court has dismissed an appeal brought by a company found guilty of supplying alcohol to an underage person, in which they argued that amendments to the law which limited the defences available were unconstitutional. The specific issue in the appeal concerned the plain meaning of section

The High Court has significantly extended the bankruptcy period of a well-known property developer due to the bankrupt’s lack of cooperation with his official Assignee. Mr Thomas McFeely was declared bankrupt in Ireland and the UK in 2012.

High Court judge Mr Justice Richard Humphreys has dismissed an application for leave to seek judicial review by a man who sought to challenge the rules of the Prisoners (Temporary Release) Rules 2004 (S.I. No. 680 of 2004). Prior to the matters complained of the application seek judicial review, th