Case Reports

The High Court has stayed personal injury proceedings until the plaintiff submits to examination by a further expert orthopaedic surgeon retained by the defendant despite opposition on the basis of “expert-shopping”. Delivering judgment for the High Court, Mr Justice David Holland stated

The Court of Appeal has dismissed the appeal of a man who abused his nieces and nephew on grounds that proceeding with a joint indictment did not render his trial unfair and that evidence admitted from a “fourth complainant” was central to the main issue to be decided by the jury Deliver

Northern Ireland’s Court of Appeal has imposed a prison sentence for internet-based child sexual offences in lieu of ‘unduly lenient’ High Court sentence of three years’ probation Delivering judgment for the Court of Appeal, Lady Chief Justice Siobhan Keegan stated: “Th

The High Court has made an order for security for the Dublin Airport Authority’s costs in a personal injury dispute involving a UK resident. Delivering judgment for the High Court, Ms Justice Marguerite Bolger highlighted that “the question is whether it would be more difficult or expens

The Court of Appeal has upheld the dismissal of a clinical negligence claim in circumstances where no expert report had been obtained by the plaintiff’s solicitors almost eight years after the proceedings had issued. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan denounc

The Supreme Court has quashed a decision of the Minister for Social Protection to refuse to grant a widower’s contributory pension to a widowed father of three children and has declared s.124 of the Social Welfare Consolidation Act 2005 (as amended) unconstitutional in respect of its exclusion

The High Court has granted a decree of divorce to a couple who will continue to live together in the family home under the terms of their settlement agreement. Delivering judgment for the High Court, Mr Justice John Jordan determined that “if a couple can be considered as living apart from one

The High Court has determined that a garda who collided with a driver who pulled out in front of him is entitled to €85,000 in general damages. Delivering judgment for the High Court, Mr Justice Paul Coffey had particular regard to the fact that the man’s “main injuries were to diff

The High Court has determined that a challenge to a grant of planning permission was, in reality, a “collateral challenge” to the underlying decision of the planning authority. Delivering judgment for the High Court, Mr Justice Garrett Simons warned that “a litigant cannot use proc

The High Court has refused injunctive relief restraining the payment of $1.65 million to a Chinese company alleged to have committed fraud. Delivering judgment for the High Court, Mr Justice Rory Mulcahy emphasised that “the test for an injunction to restrain payment on foot of a letter of cre

The High Court has granted an order of certiorari in respect of an IPAT decision refusing refugee status and subsidiary protection to a citizen of Sierra Leone who claimed that he would likely be imprisoned, tortured and killed if returned to his home country. Delivering judgment for the High Court,

Northern Ireland’s High Court has refused an application to transfer child welfare proceedings to Northern Ireland, determining that it was in no better position than the courts of the Republic of Ireland to assess the best interests of a young child and that the child was habitually resident

The High Court has determined that a woman’s signature was forged on mortgage documents purporting to charge her Wexford holiday home of which she was the sole owner, and that the evidence of her handwriting expert was uncontroverted by the defendants. Delivering judgment for the High Court, M

The Supreme Court has referred two questions about the interaction of Latvian law with Ireland's European Arrest Warrant legislation to the Court of Justice of the European Union (CJEU). The questions concern whether the discretionary conversion of a supervisory sentence to a custodial sentence

The High Court has refused to appoint an administrator ad litem to defend challenge to a will where the executrix and main beneficiary seemingly lacked capacity. Delivering judgment for the High Court, Ms Justice Siobhán Stack stated that “the appointment of the proposed person pursuant