Case Reports

The High Court has determined that an anorexic woman should not be fed against her wishes by her treating doctors despite the risk of premature death. It was held that, in all the circumstances of the case, it was in the best interests of the woman for coercive feeding to end. In making the order so

Northern Ireland’s High Court has quashed search reports which contained incorrect addresses and fell below the standard to be accepted by a lay magistrate. This application for leave to apply for judicial review was brought by Andrea Hughes (the applicant). The proposed respondents were the P

The Court of Appeal has increased the sentence for a man found guilty of assisting with the importation of €2.7 million worth of diamorphine. The man was originally sentenced to seven and a half years' imprisonment with the final three and a half years suspended. However, it was held that the s

The High Court has set aside third-party proceedings on the basis of cumulative delays of two years for the service of the notices. The court held that there was inordinate and inexcusable delay by the defendants in seeking leave to issue third party proceedings and in the service of the third-party

Northern Ireland's High Court has overturned a decision to revoke the British passport of an Iraqi Kurd where his reasons for using an alias in his citizenship application were ignored. The applicant, TS, was an Iraqi Kurd and a British citizen who resides in Belfast. He sought to challenge by way o

The High Court has quashed a decision of the International Protection Appeals Tribunal (IPAT) to refuse refugee status to two people who faced xenophobic violence in South Africa. The IPAT had determined that South Africa provided effective protection for the applicants from the alleged violence. Ho

The High Court has dismissed a €2.5 million summary claim for inordinate and inexcusable delay on the part of the plaintiff. In so ruling, the court strongly criticised the “groundless speculation and invented facts” contained in the plaintiff’s legal submissions on the issue

The European Court of Human Rights (ECtHR) has dismissed the so-called "gay cake" case brought by Gareth Lee, a UK national, represented by Ciaran Moynagh of Phoenix Law, against the United Kingdom government. The ECtHR found that Mr Lee had relied on national legislation to advance his discriminati

As the Michaelmas term has drawn to a close, it provides an opportunity to look back at some of the important judgments which defined the year in the courts. Over the course of 2021, Irish Legal News has produced hundreds of articles on new judgments and current awareness topics within the Irish leg

The UK Supreme Court has unanimously allowed the appeal in part of a board claiming entitlement to give instructions on behalf of the Central Bank of Venezuela and has dismissed the cross-appeal of a contender board. Lord Lloyd-Jones, with whom Lord Reed, Lord Hodge, Lord Hamblen and Lord Leggatt ag

The Court of Appeal has overturned a High Court decision which determined that the minister for justice and equality failed to consider the “emotional and social dependency” in a non-EU national’s application for an EU residency card. The High Court held that the minister’s d

A judge in the Supreme Court of Nova Scotia has ruled that jurors who were not fully vaccinated against Covid-19 ought to be excused from jury service after the issue was raised during pre-trial proceedings. The trial took place at the Digby Pines Resort in Nova Scotia, Canada, as the local courthou

The Supreme Court has determined that a Mauritius national who worked in Ireland without a permit was not entitled to statutory maternity leave payments despite making PAYE and PRSI contributions to the State. The decision has potentially far-reaching consequences for individuals working in Ireland

The High Court has quashed a decision of the International Protection Appeals Tribunal (IPAT) after it failed to give reasons for refusing to give the case an oral hearing under section 43(b) of the International Protection Act 2015. The IPAT decided that the applicant was not entitled to refugee st

Northern Ireland's Court of Appeal has dismissed an application for leave to extend time and appeal against five sexual offences convictions at Dungannon Crown Court in 2017. The applicant was a father of two children X and Y, the complainants in his case. The application centred largely around the