Case Reports

. 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

The Supreme Court has made orders under s.3 of the Legal Practitioners (Ireland) Act 1876, enabling a firm of solicitors to claim their fees from the award granted to a client despite the argument that a prior security existed over the award. The firm of solicitors, Matheson, had represented Lett an

The Court of Appeal has overturned an award of damages in the sum of €67,450 made by the High Court in 2014 in favour of a supermarket employee who injured herself lifting a 10kg bag of potatoes in 2011. Ms Geraldine Martin, an employee of Dunnes Stores, had been working as checkout operator, when

The Court of Justice of the European Union (CJEU) has ruled* the Dublin III Regulation allows member states to send an applicant for international protection to a safe third country, irrespective of whether it is the member state responsible for processing the application or another member state. Th

The Court of Appeal has overturned a decision of the High Court to refer a bill of costs dated 12th November, 2007, to taxation. The bill related to the work of a solicitor, Ms Mary Dorgan, conducted on behalf of Ms Susan Spillane in two matrimonial proceedings instituted by Ms Spillane’s husband

The European Court of Justice has dismissed an action by The Body Shop to have a decision of the Office for Harmonisation in the Internal Market (OHIM) to reject its application for registration of the trade mark “SPA WISDOM” annulled. In 2010, The Body Shop International, established in Littleh

The Supreme Court has found that a Receiver was validly appointed, after upholding the trial judge’s finding that “the close of business” had been correctly interpreted by the bank as being 4pm. The appeal followed an application initiated by an originating notice of motion filed on 13th July,

A man has failed in his appeal against conviction for producing child pornography in a Skype conversation with a third party. The appellant, Mark Mulligan, had challenged the status of the conversation as child pornography within the meaning of the Child Trafficking and Pornography Act 1998.

The High Court found that a DIY store chain had unlawfully withheld the bonuses of ten employees, accrued prior to their bonus scheme ending. The ten employees had claimed that B&Q Ireland Limited's decision to withdraw a winter/summer bonus, as well as a zone allowance paid to employees working

A solicitor firm has been found to have breached its duty to inform a mortgage provider of the true nature of a property transaction between a man and a company solely owned by him. However, the High Court of Justice found that the plaintiffs had failed to demonstrate causation between that failure

The UK Supreme Court has ruled that bonuses awarded by banks to employees in the form of redeemable shares in offshore companies, in order to take advantage of ITEPA provisions, should be treated – for income tax purposes – as if they had been paid in cash. Lord Neuberger, Lord Mance, Lord Reed,

The UK Supreme Court's decision to yesterday dismiss the appeal of a company which claimed a rival had infringed on its design of a ride-on suitcase for children will have "disastrous" implications, a senior lawyer has said. Magmatic, manufacturer of the Trunki case, brought the case against PMS Int

The Court of Appeal has re-sentenced a man for seventy-five counts of theft contrary to s.26 of the Criminal Justice (Theft and Fraud Offences) Act 2001, amending his sentence from a custodial sentence of two years and six months, and suspending the final ten months for a period of two years from th