Case Reports

The High Court has awarded a teenage boy €51,244.56 in damages, after a fire in his home caused by a Hotpoint dishwasher caused him trauma, anxiety and distress. The plaintiff was acknowledged by the court to have been diagnosed with mild intellectual disabilities, resulting in him requiring a spe

The High Court of Justice in the Northern Ireland Chancery Division has found that the Charity Tribunal incorrectly ruled that individual charity trustees did not have standing to seek review of decisions by the Charity Commission for Northern Ireland. The background to the case concerned a decision

The High Court has upheld a decision of the Labour Court in which it awarded €40,000 to a woman as a result of her dismissal from a school following her paralysis from the waist down. Ms Marie Daly, who had worked at Nano Nagle School as a Special Needs Assistant prior to the accident which left h

A man has failed in his attempt to avoid surrender to Sweden for criminal prosecution on a single count of rape. He had argued that Swedish pre-trial detention laws placed him at risk of a breach of his fundamental rights. W.B.’s surrender was sought under a European arrest warrant, following alle

A man, Mr Robert Mills, has had his appeal against his conviction for the possession of a controlled drug with the intent to supply dismissed by the Court of Appeal. Mr Mills had argued that evidence gathered during an undercover gardaí operation had been incorrectly deemed admissible at the trial

An appeal brought against the Pensions Ombudsman by the Department of Public Expenditure and Reform, the Department of Education, and the Higher Education Authority with regards to the pension benefits granted to Michael Gleeson, who was granted permission to retire at 60 with full pension, has fail

A man who sought legal aid for counsel in an appeal against a driving conviction has failed to have a non-statutory legal aid scheme declared ultra vires because he had not proven any need for it. Mr Martin Ward attempted to have the Non-statutory District Court (Counsel) Scheme declared ultra vires

The Court of Appeal has upheld a judgment which found two property transfers from Mr Michael Quigley to his wife to be void, due to them being fraudulent attempts to protect the properties from being used to satisfy any judgment that might result from the plaintiff Dana Doherty’s allegations of se

Following his full judgment on 30 November, Horner J of the Northern Ireland High Court of Justice has found that it is not possible to read Northern Ireland’s abortion law in a way that is compatible with the European Convention on Human Rights. The Judge had invited further submissions on the is

A man has failed in his attempt to have section 3(2) of the Offences Against the State (Amendment) Act 1972 declared unconstitutional. The provision allows as evidence the belief of a Chief Superintendent of An Garda Síochána that a person accused of the criminal offence of membership of the Irish

The Supreme Court has upheld the High Court’s decision to allow an affidavit by the Senior Relationship Manager with the Global Restructuring Group of Ulster Bank as sufficient evidence of a loan which had been defaulted on by Messrs Rory O’Brien, Danny O’Brien and Michael McDermott, as to jus

The Court of Appeal has allowed an appeal by the Board of Management of St. Anne’s School, which challenged the awarding of €255,276 in damages to Ms Una Ruffley on foot of her claim for bullying and harassment during her employment as a special needs assistant at St. Anne’s School. The case c

The High Court has granted a non-suit in a case where infringement of copyright was alleged in sound recordings played in the Savoy Nightclub and Theatre in Cork City. The court found in favour of the second defendant, Mr Jonathan Bourke, in the case brought by Phonographic Performance (Ireland) Ltd

An Indian student who married a British woman has successfully challenged a decision to refuse his application for leave to remain in the UK as a spouse and to certify his human rights claim as “clearly unfounded”. A judge in the Court of Session in Edinburgh ruled that the Secretary of State fo

The High Court has found that the detention of a father for contempt of court, arising due to non-payment of child maintenance, is unlawful. The father, identified as Mr B, was placed in detention on the 3rd of December by the Circuit Court, for a period of three months or until he paid the sum of �