Case Reports

Northern Ireland’s Court of Appeal has upheld a decision permitting evidence of sexual assault in the context of a family court application where the same evidence was rejected as hearsay in a criminal trial. The facts of this case are explicit and reader discretion is advised.

The High Court has granted leave to Bank of Ireland to lodge a tender in proceedings on condition that the tender only becomes effective after the conclusion of the discovery process. The lodgement application had been made after the discovery process had begun and the bank claimed that it wished to

The High Court has set aside a decision by the Financial Services and Pensions Ombudsman (FSPO) regarding a complaint against Chubb European Group SE over its handling of a business interruption claim. It was held that the decision was vitiated by “serious and significant” error by the F

The High Court has refused an application for protective costs orders brought by two disabled individuals seeking a further year of education from the Minister for Education. Both applicants had applied for an extra year of special schooling in order to make up for the significant amount of time mis

The Court of Appeal has held that it would not make a wasted costs order against counsel and solicitor who pursued an appeal on behalf of a ward of court without proper instructions. The ward had not been informed that his appeal was treated as a “test case” by the lawyers and died befor

The Court of Appeal has increased the sentence for a young man convicted of dangerous driving which caused the death of a young woman in Oughterard, County Galway. The man had originally been sentenced to three years' imprisonment with 18 months suspended. However, Ms Justice Isobel Kennedy held tha

The Court of Appeal has upheld a finding of liability against Dunnes Stores for injuries suffered by an employee who fell from a wobbly ladder while stacking shelves. Dunnes Stores appealed the decision on the basis that the trial judge erred in his assessment of the evidence in the case. Delivering

The High Court has allowed an amendment to a personal injuries summons which changed the method of accident from slipping on a wet floor to slipping on steps from a truck. The plaintiff was an employee of the defendant who claimed that he slipped during the course of his work in October 2014.

The High Court has determined that certain environmental information relating to biomass imports by a Bord na Móna subsidiary must be disclosed despite being held by the subsidiary company. Bord na Móna (BNM) claimed that the subsidiary was not a public authority and was therefore exem

Northern Ireland’s Court of Appeal has reduced an award made by an Industrial Tribunal in a sexual harassment claim by nearly £20,000. The court found that the award was excessive given the short nature of the employment, the lack of evidence relied on by the tribunal, and examples of &l

The Supreme Court has held that the Minister for Justice and Equality was entitled to refuse a visa extension for a Canadian woman whose husband was studying in university in Ireland. The husband’s degree course lasted four years but the woman only had permission to remain in the State for two

The High Court has quashed a decision by the Chief Superintendent of the Cork West Division to refuse an application for a firearm certificate on the narrow basis that he failed to give adequate reasons. The applicant had applied for a new firearm certificate under current “grandfathering&rdqu

The Court of Appeal has determined that a company which engages in litigation to promote and protect the Irish environment was not entitled to legal aid from the State in order to pursue its cases. The court held that the Civil Legal Aid Act 1995 did not extend legal aid to corporate bodies. Deliver

The High Court has refused an application by Enoch Burke to stay the case management of High Court proceedings pending the determination of his appeals to the Court of Appeal. In October 2022, the court decided that it would case manage the High Court proceedings and made directions for the delivery

Northern Ireland’s Court of Appeal has dismissed all grounds of appeal against a 24-year murder sentence. The court found that this sentence was neither excessive nor unlawful and a three-year reduction following a late-stage guilty plea was sufficient, if not “generous”.