Case Reports

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

Northern Ireland's High Court has refused leave to apply for judicial review to a man with a deportation order who argued that he had British citizenship as a result of his adoption by a UK/Italian couple despite being born in Italy. The court also found that the deportation order did not impact on

Northern Ireland’s Crown Court has imposed a prison sentence of 18 years for a husband convicted of murdering his wife by dousing her in petrol and setting her alight. Mr Justice John Ailbe O'Hara said the sentence imposed on Thomas Rainey was the "least he deserved" following a "harrowing" at

Northern Ireland’s High Court has determined that a decision of the Chief Constable of the Police Service of Northern Ireland to refuse an application for retirement was unlawful. The court rejected the claim that this refusal was done in the public interest, due to the fact that the officer i

The Court of Appeal has determined that the a party which is “entirely successful” in proceedings was not required to show that it had conducted litigation in the most cost-effective manner before being entitled to its full costs. The High Court had determined that the Minister for Publi

The UK Supreme Court has ruled that an agreement by a third party to fund litigation in exchange for a percentage of damages recovered in the event of success constitutes a “damages-based agreement” for the purposes of statute. The issue arose in the context of applications to bring coll

Northern Ireland’s High Court has determined that service of an Unexplained Wealth Order was effective, despite the failure to comply with the strict requirements that the order be served at the defendants’ address south of the border, in Ireland. The court relied on an affidavit provide

The High Court has refused an application by a plaintiff to strike out certain aspects of a defendant’s affidavit on the grounds that it exhibited without prejudice correspondence. The parties had previously engaged with a view to resolving a contractual dispute in advance of litigation and th

The High Court has ruled that debtors seeking to dismiss a bankruptcy summons in advance of trial must take the appropriate steps within the prescribed 14-day period pursuant to section 8(5) of the Bankruptcy Acts 1988 to 2015. In so ruling, the court determined that there was no jurisdiction to ext

Northern Ireland’s High Court has dismissed an application for judicial review brought by a Chinese national living in Northern Ireland with her six-year-old son, finding that the best interests of the child had been considered. The court upheld a tribunal decision as rational, which rejected