Case Reports

The Court of Appeal has allowed an appeal against the dismissal of two personal injuries claims for women who claimed to be injured while riding a swing in a playground with toddlers. A central feature of the case was a dispute between experts as to the minimum height clearance of the swing from the

Northern Ireland’s High Court has found that a farmer whose removal of trees may have resulted in increased water seeping into his neighbour’s land is not liable for the damage caused. The court found the change in use of the land was “entirely reasonable”, and an occupier is

The Supreme Court has granted a leapfrog appeal to the HSE regarding the jurisdiction of a Complaints Officer to direct the delivery of services to disabled children. The High Court had previously held that an Complaints Officer and a Disability Appeals Officer may direct the delivery of services to

The Court of Appeal has dismissed an appeal against conviction brought by a man who sexually abused his niece between 1981 and 1989. The main point of appeal related to the unavailability of certain documentary evidence of counselling records for the complainant. Delivering judgment in the case, Mr

The High Court has quashed a decision of the Minister of Justice and Equality to refuse a naturalisation application for a Somali woman on the grounds that she was not of good character pursuant to the Irish Nationality and Citizenship Act 1956. The applicant had submitted a false passport with the

Northern Ireland’s High Court has rejected an appeal against a contact order where the applicant was refusing to accept her son’s guilt in relation to the death of a child in his care. The court found that the applicant was prioritising her relationship with her son over her relationship

The High Court has held that insurance companies are not entitled to recover monies under the Recovery of Benefits and Assistance Scheme where they have settled personal injuries cases outside of court. It was held that a “consent settlement order” was not an “order of the court&rd

The Supreme Court has determined that the proposed ratification of an EU-Canada trade deal by the State is unconstitutional because the trade deal would compromise judicial sovereignty in Ireland. The trade deal, known as CETA, provided for an investor tribunal which had powers to make binding and e

Northern Ireland’s High Court has refused an application for judicial review where it found that the applicant’s probation release had been delayed by factors such as the Covid-19 pandemic and his own failed drug tests. In considering this application, the court found that one of the rel

The Court of Appeal has dismissed an appeal brought by a defendant in a personal injuries action in which the High Court rejected an application to dismiss the proceedings pursuant to section 26 of the Civil Liability and Courts Act 2004. The High Court had determined that the defendant had improper

The High Court has dismissed an appeal in a personal injuries action where the plaintiffs were exposed to toxic chemicals following the installation of spray foam insulation. In reaching this decision, the court was highly critical of expert evidence which was led by the defendant. Mr Justice Seamus

The High Court has determined that a will which was revoked by a testator should be admitted to probate because it was only destroyed on foot of incorrect legal advice. The deceased had been told by his solicitor that the destruction of his will would revive a prior will. Delivering judgment in the

Northern Ireland’s High Court has refused an application for judicial review where it was alleged that a same-sex couple suffered discrimination after being denied access to a publicly-funded IVF scheme. The court found that the criteria for obtaining access to the scheme were rational and pro

The High Court has ruled that the verdict of unlawful killing will be open to the jury in the Stardust inquest following a challenge from the former manager of the nightclub. It was claimed that the Coroner could not consider issues of criminal or civil liability in an inquest and that a verdict of

Northern Ireland’s High Court has determined that a decision by the NI Housing Executive (NIHE) erred in denying an applicant 'intimidation points' where he had repeatedly received death threats. The court found that it was irrational to undermine the applicant’s attempt to be rehoused w