Case Reports

The High Court has ruled that a key provision of legislation related to prosecutions of child sexual assault cases is invalid under the Constitution. The plaintiff challenged the constitutionality of section 3 of the Criminal Law (Sexual Offences) Act 2006, which provided that the “reasonable

Northern Ireland’s Court of Appeal has rejected an appeal by a convicted terrorist who was sentenced to a 22-year minimum life sentence after killing a prison officer in a car bombing. The court found that killing a prison officer warranted a lengthy sentence, and the appellant’s alleged

Northern Ireland’s High Court has granted leave for judicial review to a woman who was refused permission to exhume her husband's body and rebury him alongside her daughter. The applicant launched legal proceedings against the Department for Communities (DfC) after she was refused permission b

The High Court has dismissed a challenge to the application of the recently-adopted Personal Injuries Guidelines to a woman’s claim for compensation. The woman claimed that her injury would have previously attracted damages between €18,000 and €34,000, but was only assessed at €

The High Court has determined that members of An Garda Síochána only have a right of audience before the District Court where they have initiated and conducted the prosecution of the accused. Accordingly, the court held that non-prosecuting gardaí do not have a right of audience

The Circuit Court has overturned a decision by the Workplace Relations Commission (WRC) to award €3,000 to a father who claimed to have suffered gender discrimination by his daughter’s secondary school. The child had been enrolled in the school by the mother without the consent of the fat

The Supreme Court has held that the conviction of a mentally ill man for the murder of his infant son in 2001 was a miscarriage of justice. The man had previously spent 16 years in an Irish prison before being officially diagnosed with paranoid schizophrenia. The man was subsequently found not guilt

Northern Ireland’s Court of Appeal has refused leave to apply for judicial review to a landfill company which was served with an abatement notice for causing an emission nuisance. The appellant failed to convince the court that the statutory appeals scheme was inadequate. The applicant, owner

The Court of Appeal has dismissed an appeal by a convicted sexual offender to halt further trials for sexual offences on the grounds of undue delay. The applicant was charged with 270 counts relating to sexual abuse of minors which allegedly occurred between 1978 and 1993. Delivering judgment in the

The High Court has granted an injunction to place a stay on the criminal prosecution of a hemp retailer until the conclusion of separate proceedings challenging Irish laws relating to the importation of CBD products. It was argued that the products in question had no psychoactive aspect and were not

The Court of Appeal has ruled that the use of CCTV security footage to investigate an employee discipline issue was unlawful because the footage was collected and processed for the specific purpose of security. It was held that this difference in purpose was in contravention to the Data Protection A

The Supreme Court has upheld a conviction of sexual assault against a 14-year-old boy who smacked the bare bottom of a six-year-old child. The court held that the assault involved an element of indecency which justified the conviction of sexual assault as distinct from mere assault. Delivering the m

Northern Ireland's High Court has rejected a claim that the PSNI cannot ensure an independent investigation into the unsolved Cappagh murders. The application, brought by the brother of one of the victims under Article 2 of the European Convention on Human Rights, was found to be "doomed to fail". O

The Court of Appeal has dismissed two appeals brought by men convicted of an “appalling act of savagery and ferocity” which left a man with severe brain injuries. The men both received seven-year-and-six-month sentences, although one man had the final 24 months of his sentence suspended.

The UK Supreme Court has dismissed an appeal by a man who along with his brother was convicted of aggravated burglary in County Down, Northern Ireland, against the decision of the sentencing judge to reduce the amount of his sentencing discount. Owen Maughan contended that the sentencing judge had n