Case Reports

Antrim Crown Court was not swayed that an 18-year-old attacker who had 10 previous convictions had been unable to exercise self-control due to his diagnosis of ADHD and alcohol dependency. On 26 June 2020, the defendant, Jordan McClintock, arrived at a small gathering on the Ballykeel Estate in Ball

The High Court has held that the HSE failed to properly assess potentially disabled children in accordance with the Disability Act 2005. It was said that the HSE was obliged to diagnose every child with a disability for the purposes of establishing the nature of extent of a child’s disability.

The High Court has refused an application by Gerry Adams to strike out a portion of the BBC’s defence in defamation proceedings. Mr Adams claimed that a defence of fair and reasonable publication should be struck out because the BBC did not alert readers that an article was the subject of defa

The Court of Appeal has allowed an appeal against a refusal by a trial judge in family proceedings to provide access to records of the judge’s meeting with the couple’s children. The trial judge held that the meetings were private and should not be disclosed to the parents. Delivering ju

A non-EU national living in Northern Ireland should not have been refused benefits on the basis that she did not have "comprehensive sickness insurance" as she had access to the NHS, the Court of Justice of the European Union (CJEU) has ruled. In yesterday's judgment, the Fifth Chamber provided insi

The Court of Appeal has increased the sentence for a woman convicted of making a false statement to gardaí about a sexual assault. The woman was initially sentenced to two years' imprisonment which was fully suspended. However, the Court of Appeal held that the offending was so serious that i

The High Court has granted an interlocutory injunction against a couple for trespassing on their former home within 90 minutes of being dispossessed by Start Mortagages DAC. An order for possession had previously been granted in the Circuit Court and affirmed in the High Court. In granting the order

Northern Ireland’s High Court has upheld an anonymity order where there were allegations that the shield was being used to advance Sinn Féin's political aims. The court found that the possible threat of violence to the applicant, should his name be revealed, was sufficient to surmount t

Northern Ireland’s Health and Safety Tribunal has upheld a decision to withhold a petroleum license where the risk to pedestrians and local residents was deemed to be too great, despite the appellant’s clean record. The appellant, Anita Byrne, trading as DAY TODAY, appealed against an Or

The High Court has granted an interlocutory injunction restraining a fund from selling a mortgagor’s lands while he was still in possession. The sale was advertised three weeks prior to an online auction and where the plaintiff complained that it was never previously suggested that the lands w

The High Court has awarded €30,000 to a plaintiff injured in a motor accident despite allegations that he fraudulently exaggerated his claim. The Motor Insurers’ Bureau of Ireland had made an application under section 26 of the Civil Liability and Courts Act 2004 to dismiss the proceeding

The High Court has granted an application to amend pleadings in a personal injuries case to expand the potential scope of liability for the MIBI, despite a significant delay by the plaintiff in bringing the motion. The court said that there were very unusual circumstances in the case which justified

The High Court has determined that applicants taking environmental challenges are not liable to pay for the costs of unsuccessful applications for the special costs regime. The ruling came after An Taisce brought proceedings against the State seeking to clarify that it was not required to pay for un

The High Court has refused an application by J & E Davy for particulars of allegations of fraud made against the company. It was held by the court that a prima facie case of fraud had already been particularised in the statement of claim and that, accordingly, Davy had a “reasonable pictur

Northern Ireland’s Court of Appeal has rejected a challenge to the decision to refuse to set aside a subpoena ad testificandum issued by the High Court pursuant to section 67(1) of the Judicature (Northern Ireland) Act 1978, in the context of an ongoing coroner inquest. The court found that th