Case Reports

The High Court has dismissed an appeal from the refusal of the Circuit Court to join the plaintiff’s sister as a co-plaintiff to his “proper provision” proceedings. Delivering judgment for the High Court, Ms Justice Siobhan Phelan that the six-month time limit to institute proceedi

The UK Supreme Court this month rejected an appeal challenging a decision which found that police officers and staff in the Police Service of Northern Ireland (PSNI) were historically underpaid holiday pay since 1998, up to a total value of £30 million. Delivering the judgment, Lord Kitchin an

The Court of Appeal has dismissed the appeal of the parents of a newborn boy who died following a difficult birth. Delivering judgment for the Court of Appeal, Mr Justice Charles Meenan observed that despite the appellants’ contention that the verdict of natural causes was incorrect, “no

The Supreme Court has determined that the use of a polygraph machine during psychological assessment in the wardship context was not oppressive, and that the trial judge was wrong to exclude evidence of confessions made by the respondent at interview. Delivering judgment for the Supreme Court, Mr Ju

The High Court has granted relief in judicial review of a decision of the District Court to reinstate driving charge following its spoken order dismissing the charge. Delivering judgment for the High Court, Mr Justice Barry O’Donnell determined that whilst the “breast of the court”

The Court of Appeal has dismissed an appeal from orders granting summary judgment in which the appellant belatedly attempted to rely upon the O’Malley judgment. Delivering judgment for the Court of Appeal, Mr Justice Donald Binchy determined that whilst the appellant was entitled to apply to i

The Court of Appeal has dismissed an appeal against a High Court order granting discovery of post-accident medical records in a personal injuries claim. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler commented that “a party who wishes to rely on the availability of other

The Court of Appeal has allowed an appeal from the refusal of the High Court to grant reliefs sought by party with inadequate proofs. Delivering judgment for the Court of Appeal, Mr Justice Senan Allen commented that in circumstances where the property sought to be charged was co-owned by the defend

Northern Ireland’s High Court has determined that a social care trust was entitled to cease funding day care services for two ‘in need children’, noting that although the decision may have been "difficult" it was neither unfair nor illegal. Delivering the judgment, Mr Justice David

The Court of Appeal has decided that s.3 of the Environment (Miscellaneous Provisions) Act 2011 applied to proceedings brought unsuccessfully under s.160 of the Planning and Development Act 2000. Delivering judgment for the Court of Appeal, Mr Justice Séamus Woulfe noted that the requirement

The High Court has granted continuing Mareva-type relief following the disposal of a statutory appeal from a determination order. Delivering judgment for the High Court, Ms Justice Niamh Hyland commented that “the inherent jurisdiction of the High Court includes a power to make orders that rem

The Court of Appeal has affirmed the decision of the High Court to lift an automatic suspension on a decision of the Minister for Transport awarding a search and rescue services contract to a new provider. Delivering judgment for the Court of Appeal, Ms Justice Caroline Costello remarked that the &l

The Court of Appeal has substituted an award of the High Court for personal injuries sustained by a cyclist involved in a road traffic accident with a bus. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan found that the High Court had largely ignored the evidence tendered on beh

Northern Ireland’s High Court granted a return order for a mother attempting to return her child to Northern Ireland despite the fact that the child was residing in a Middle Eastern country that was not a signatory to any of the Hague Convention treaties, such as the jurisdiction treaty of 199

The High Court this month made an order for the indefinite detention of Enoch Burke after finding him in contempt of a court order. Delivering an ex tempore judgment for the High Court, Mr Justice Mark Heslin noted that court orders are not an “à la carte menu” and that a party su