Case Reports

The Court of Appeal has allowed an appeal from dismissal of a personal injuries claim for want of prosecution, finding that “no concrete prejudice” was pointed to by the State defendants, and that they were too late to bring the motion to dismiss the plaintiff’s claim. Delivering j

The Court of Appeal has substituted a High Court award totalling €90,000 in general damages for physical and psychological injuries sustained by a woman in a gas explosion at her workplace. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan commented that when compared with v

The High Court has dismissed a claim alleging criminal conspiracy, false arrest and malicious prosecution against An Garda Síochána. Delivering judgment in the High Court, Mr Justice Cian Ferriter found that “no basis whatsoever” was made out for the allegations of criminal

Northern Ireland's High Court has dismissed an action brought by a solicitor who alleged that complaints made about him to the Law Society of Northern Ireland (LSNI) were defamatory. Delivering the judgment, Danny Friedman KC, sitting as a High Court judge, noted the complaints were worthy of absolu

The High Court has refused an application pursuant to Order 16, rule 8 of the Rules of the Superior Courts to set aside third party proceedings on grounds of delay. Delivering judgment in the High Court, Mr Justice Conor Dignam found that the period of over six months to serve the third party notice

Northern Ireland’s High Court has dismissed all grounds challenging a deep-sea gas cavern development project off the coast of Co Antrim. The court found that the decision to grant the marine license to the developers was a rational one, backed up by scientific evidence. Delivering the judgmen

The Court of Appeal has determined that it was appropriate to intervene and quash a sentence of the Circuit Court in relation to possession of a firearm. The court accepted that the applicant had grounds to feel aggrieved where his sentence was longer than a co-accused whose case was “probably

The High Court has rejected that a Pakistani man who was resident in Ireland was unfairly treated when the Minister for Justice ordered his deportation without an oral hearing or interview, following receipt of evidence that his residency in Ireland had been granted based on fraudulent information.

Belfast Crown Court has dismissed two 'no bill' applications brought in relation to the alleged group murder of Ian Ogle. The court found that the circumstantial evidence, which included phone data, was potentially persuasive of the two defendants' involvement. Delivering the judgment, Mr Justice O&

The High Court has refused relief to an ex-Dublin school teacher who attempted to prohibit his prosecution for 151 counts relating to alleged historic sexual abuse of pupils. The court found that, at 71 years old, there was no fear of incapacity, noting that civil servants have the right to work unt

The High Court has rejected a claim that the treatment of a woman with refugee status was contrary to constitutional and European human rights law. The claim related to her request to reunify with her three children, which was denied for one child due to a harsh cut-off time limit. Delivering the ju

Northern Ireland’s High Court has rejected limitation period applications brought against abuse allegations by two victims of Kincora Boys' Home. Delivering the judgment, Master Bell addressed four separate applications, ultimately finding that there was a basis for allegations of misfeasance

The High Court has cancelled a notice of termination served on a tenant following a Tenancy Tribunal determination for acts of anti-social behaviour allegedly committed by her son in the vicinity. The court found that the Tribunal incorrectly determined that the tenant had “allowed” this

Northern Ireland’s Court of Appeal has imprisoned a former solicitor for a period of three months over unpaid maintenance arrears from 2017. The court found that the imprisonment was regrettable but necessary given that no assurances were given in relation to paying back the debt.

In advance of the Tax Bar Association conference on 29 September 2023, David K. McGrath BL summarises the judicial review judgment by Ms Justice Siobhan Phelan in Michael Quiqley v Revenue Commissioners and the Tax Appeals Commission [2023] IEHC 244. The applicant in [2023] IEHC 244 sought relief by