Case Reports

The Supreme Court has determined that developers are not required to submit a distinct identifiable document in a planning application for a strategic housing development under article 299B of the Planning and Development Regulations 2001. The appeal resolved a difference of judicial opinion in two

The Supreme Court has dismissed an appeal by Gemma O’Doherty and John Waters in their failed challenge to the Covid-19 lockdown restrictions from Spring 2020. The appeal concerned whether the applicants were required to show expert evidence relating to the proportionality of the measures adopt

The Court of Appeal has allowed an appeal against an order removing an elderly couple from possession of a property which they had agreed to purchase from the previous owner. The couple had been in possession of the property for five years and paid a nominal rent during that time. Delivering judgmen

Northern Ireland’s Court of Appeal has found that a Hospital Tribunal and a subsequent High Court decision erred in the legal test to be applied for detention of a mentally impaired patient. The court granted the appeal against a decision of Mr Justice Adrian Colton, where it was found that th

The High Court has awarded €350,000 in favour of a woman who was sexually abused by her father and raped by her uncle as a child. The abuse lasted at least eight years and began when she was seven years old. Delivering judgment in the case, Mr Justice Garrett Simons considered the jurisprudence

The High Court has held that a defendant was estopped from relying on the Statute of Limitations 1957 based on a clear and unequivocal admission of liability prior to the institution of personal injuries proceedings. The defendant had attempted to enter settlement negotiations with the plaintiff&rsq

The High Court has criticised the Child and Family Agency for a “litany of failings” in the management of a foster care placement for a child and refused to grant an order for adoption. The application was brought by the CFA as the child had been in foster care for nearly 18 years. Howev

The Court of Appeal has upheld an 18-year sentence imposed on a man who committed sexual assaults of “exceptional depravity” on his daughter. The accused was charged with 92 counts of various sexual offences which occurred between the ages of three and 15. In an ex tempore ruling, Ms Jus

Northern Ireland's High Court has upheld the refusal of a parental order for a "vindictive" father who called police on the mother of his 11-year-old son under false pretences. The court found that a County Court judge was right to refuse the application for a parental responsibility order and a dir

The Court of Appeal has increased the sentence for a man who stabbed a treating doctor with a used needle. The accused was originally sentenced to one year's imprisonment for the offence, which was committed while the accused was intoxicated with drugs. Delivering judgment in the case, Ms Justice Is

The High Court has ruled that a child with severe dyslexia did not receive an appropriate education in a mainstream school. The child had significant difficulties with reading and an expert stated that he needed intensive support. However, the Minister for Education insisted that the child could be

The High Court has criticised a personal insolvency practitioner for providing misleading information to creditors in a proposal which would have written off most of a €13 million debt. The court said that the PIP had “fallen well below the appropriate ethical standards” expected of

Northern Ireland's High Court has refused an application for judicial review into the investigation of the 1972 death of Telford Stuart, a member of a covert security force. The court found that the PSNI was entitled to limit their investigations to Troubles shootings by the Army, rather than cases

The High Court has dismissed a challenge to an award by the Personal Injuries Assessment Board (PIAB) where the applicant claimed that inadequate reasons were provided for its decision. The applicant had an application for compensation assessed at €11,000 and it was claimed that PIAB did not pr

Northern Ireland's High Court has struck out a negligence claim against publishers of personal information relating to a young offender. However, the court also denied the Daily Mail's request to strike out proceedings on the basis of want of prosecution and abuse of process. The court found that al