Case Reports

The High Court has remitted a landlord and tenant dispute back to the Tenancy Tribunal for re-hearing, finding that the Residential Tenancies Act 2004 did not qualify the statutory duties of landlords to effect repairs by reference to any limitation on a landlord’s ability to do so arising fro

The Court of Appeal has determined that the official assignee did not disclaim his interest in High Court proceedings by failing to positively “claim” them during an appellant’s bankruptcy. Delivering judgment for the Court of Appeal, Ms Justice Nuala Butler remarked: “It mig

The High Court has refused to dismiss summary proceedings on grounds of delay where the applicants had consented to at least 19 adjournments during the periods of delay complained of. Delivering judgment for the High Court, Ms Justice Bolger found that the delay was excused inter alia “by reas

The High Court has dismissed proceedings brought by a woman who tripped and fell over an electricity cable at a caravan park in Co Kerry. Delivering judgment for the High Court, Mr Justice Paul Coffey opined: “I am satisfied that on any objective assessment, the danger complained of was a feat

The High Court has determined that a party seeking well charging relief pursuant to a judgment mortgage does not need to seek leave to issue execution and that the registration of a judgment mortgage in the name of a party is conclusive of its ownership thereof.  Delivering judgment for the Hig

The Court of Appeal has dismissed an appeal by Loc8 Code Ltd against the striking out of its proceedings alleging conspiracy in the Eircode tendering process and challenging the validity of the licence awarded. Delivering judgment for the Court of Appeal, Mr Justice Senan Allen stated “It is p

The Court of Appeal has confirmed that no requirement for Revenue to reassess penalties imposed by the High Court arises by virtue of s.1077B of the Taxes Consolidation Act 1997 or otherwise. Delivering judgment for the Court of Appeal, Mr Justice Senan Allen stated: “Leaving aside the fact th

The High Court has dismissed a minor’s personal injury proceedings against a gym for delay in circumstances where 10 years had passed since the issuing of her personal injury summons. Delivering judgment for the High Court, Ms Justice Marguerite Bolger found that the 10-year delay in progressi

Northern Ireland's Court of Appeal has dismissed an appeal by the Law Society of Northern Ireland against a decision of the Solicitors' Disciplinary Tribunal concerning allegations including the non-production of documents on behalf of a legal firm. Delivering judgment for the Court of Appeal, Lady

The High Court has refused injunctive relief to a mortgagor seeking to restrain the completion of the sale of her property by a receiver where she failed to evidence a bona fide attempt to redeem the mortgage prior to sale. Delivering judgment for the High Court, Ms Justice Marguerite Bolger found t

The Court of Appeal has set aside two decisions of the Financial Services and Pension Ombudsman (FSPO) which found that borrowers were entitled to revert to their tracker interest rates having moved to fixed interest rates. Delivering judgment for the Court of Appeal, Mr Justice Charles Meenan recog

The High Court has determined that the Marlin Hotel’s insurance policy was triggered by Covid-19 at its premises, which despite being unknown to the government, was instrumental in causing the subsequent level 5 lockdown measures imposed in December 2020. Delivering judgment for the High Court

Northern Ireland’s High Court has refused leave to challenge by way of judicial review s.4(5) of the Northern Ireland Act 1988, which contains the mechanism for cross-community voting. Delivering judgment for the High Court, Mr Justice David Scoffield stated: “The system adopted falls sq

The High Court has quashed a decision of the Minister of Enterprise, Trade and Employment refusing a work permit to a Korean tattoo artist on the basis of the UK Standard Occupational Classification system. Delivering judgment for the High Court, Mr Justice Barry O’Donnell stated: “The o

The High Court has refused to dismiss 2021 proceedings concerning the death of a man outside a Portlaoise nightclub in 2012 on the bases of the Statute of Limitations and delay. Delivering judgment for the High Court, Ms Justice Marguerite Bolger warned that although memories are normally assumed to