Case Reports

Northern Ireland’s High Court has rejected a claim that a Co Down mortgager discharged his debts in full after writing on his redemption letter stating that he had endorsed it. The court found that a promissory note can only extinguish an existing debt if the creditor has agreed to that being

An appeal by a firm of English solicitors seeking to bring proceedings for £3 million against two former clients for the manner in which they settled a claim has been refused by the Court of Appeal. Candey Ltd brought the action against Basem Bosheh and Amjad Salfiti on the basis of fraudulent

Northern Ireland’s High Court has resolved a dispute as to costs between a Tyrone pig producing company and a Yorkshire-based food production company after 1,233 pigs were billed for, but never delivered. The plaintiff was a company that raises and produces pigs from premises at Sion Mills in

Northern Ireland’s Court of Appeal has dismissed an appeal where a father claimed that a contact order for his children was "unworkable" and costly. The court found that the trial judge had not erred in making the order. This case involved three appeals, which are part of a long-running family

Northern Ireland’s Court of Appeal has refused leave to appeal against a repossession order. The court found that there was no merit in any of the grounds, which included claims that the debt had been previously discharged, and that the repossession infringed human rights law by exposing the o

The High Court has rejected an application by a woman’s legal representatives that her estate should bear the costs of unsuccessful litigation after she was found to lack capacity to give instructions during trial. The lawyers stated that they could not find a next friend who was willing to ac

The Court of Appeal has criticised a litigant for pursuing an appeal which was “misconceived from the outset and progressively deteriorated”. The appeal related to the High Court’s listing of the defendant’s motion in summary proceedings to strike out certain aspects of the p

The High Court has awarded €60,000 in damages to a girl who suffered from moderate PTSD and who received a white scar on her thigh from a road traffic accident. The case was notable as it was one of the first cases in which a court was required to apply the new Personal Injuries Guidelines whic

Northern Ireland’s Court of Appeal has denied a reduction in sentence for claims about personal mitigating circumstances and delay where the appellant was responsible for an explosion at a police station in 1997. The appellant, Paul Campbell, was unsuccessful in his appeal against conviction f

The High Court has admitted an 89-year-old woman into wardship after her son failed to properly care for her significant personal needs and took out €87,000 from her bank account without authority. The woman was suffering from an acquired brain injury and dementia, requiring 24-hour care. Deliv

The High Court has struck out a developer’s proceedings against planning objectors which alleged the tort of maintenance and champerty. It was alleged that the defendants were canvassing for illegal funding in their challenge the developer’s planning permission for a strategic housing de

The High Court has rejected a submission that an application for a protective costs order in environmental litigation must be made prior to the substantive hearing of the action. It was held that such an application must be considered by a court if it was made at the conclusion of a case. Additional

The High Court has granted an interlocutory injunction restraining trespass on a property by tenants despite the plaintiff agreeing to purchase the property “subject to occupancy”. It was held that the defendants had not established that the mortgagee had consented in writing to the crea

Northern Ireland’s Court of Appeal has rejected 12 separate grounds of appeal by a murderer who claimed his counsel were dishonest, lacking integrity, and encouraged him to perjure himself. The appellant was unanimously convicted by a jury of murdering his girlfriend Anita Downey in the early

Northern Ireland’s High Court has ruled in favour of an applicant who challenged his parole refusal. The court found that the parole decision failed to appropriately consider and examine license conditions on which the applicant may have been suitable for release. The applicant, a 44-year-old