Case Reports

A Hungarian national of Roma origin’s complaint that the authorities failed to investigate allegations she suffered racial abuse and threats from participants in an anti-Roma march has been upheld by a majority at the European Court of Human Rights. The court considered in particular that, given t

The High Court has found that the 20-minute observation period traditionally used by the Gardaí before taking a breath-alcohol test did not make the detention of suspects unlawful. The Gardaí had been accustomed to preceding breath-alcohol tests with a 20-minute observation period to ensure that t

Advocate General Wathelet of the Court of Justice of the European Union (CJEU) has stated the posting of a hyperlink to a website which published photos without authorisation does not in itself constitute a copyright infringement. The motivation of the person who placed the hyperlink and the fact th

The High Court has ruled against a man who objected to the registration of an Enduring Power of Attorney made on 20th July 2012 by his mother (the Donor) appointing her daughter as Attorney. The objection was made pursuant to the provisions of s. 10 of the Powers of Attorney Act 1996.

The High Court has found that three Portuguese companies that traded in Ireland as a partnership known as RAC Eire Partnership, failed to pay its employees for the amount of hours they worked, made unreasonable deductions from their pay, and designed a contract of employment that would conceal their

The High Court has found that the Minister for the Environment acted ultra vires under the Northern Ireland Act 1998 and Ministerial Code, following his unilateral adoption of the Belfast Metropolitan Area Plan, without Executive agreement. The Minister for Enterprise, Trade and Investment had chal

The Supreme Court has dismissed a judicial review appeal brought by an employee of the Review Commissioners, who disputed the Commissioners’ decision not to fund her professional legal qualification. The Supreme Court found that there had been too long a delay since the employee was first notified

The High Court has ordered for a solicitor, Mr Patrick Enright, to be struck off the Roll of Solicitors, as a result of fraudulent activity carried out by him in 1994. The Law Society had brought the application following a finding by the Disciplinary Tribunal that Mr Enright was not a fit person to

The Court of Appeal has found that section 6(8) of the Public Processions (Northern Ireland) Act 1998 can be interpreted as applying a legal burden of proof on defendants accused of taking part in unnotified processions. The appellant, Mr Jamie Bryson, had been charged with four offences of taking p

The Court of Appeal has upheld a decision to hold a unified trial in respect of claims of damages made against an attacker and the employer of the victim, despite the different bases for the claims. The case concerned an incident in which the plaintiff, Mr Gheorge Pista, was subjected to a violent a

in these proceedings as Notice Parties, if it considered that to be appropriate under Order 84. In the present proceedings, the Court found that each child had a vital interest in the outcome of the judicial review.

The European Court of Human Rights (ECtHR) has ruled 13-4 that there was no violation of article 2, the right to life - investigation, of the European Convention on Human Rights, regarding the UK's failure to prosecute anyone after police fatally shot Jean Charles de Menezes, a Brazilian national mi

. He further found that the Oireachtas has not conferred any function or role on the Minister of Arts in relation to defining what could be considered a national monument.

A man has had his conviction for ten counts of indecent assault upheld after the Court of Appeal rejected his arguments that the trial judge should have severed the indictment, that the trial judge had failed to properly summarise the defence case, and that the trial judge failed to adequately deal

The Court of Appeal has ordered a wind farm in Co Cork to be dismantled, pending the outcome of the developer’s application for substituted consent. Mr William Bailey sought orders pursuant to s. 160 of the Planning and Development Act 2000 requiring the dismantling of three wind turbines owned an