Case Reports

The High Court has delivered a further judgment in the landmark FBD case involving publicans claiming insurance cover for losses arising from the pandemic. In this second case, the court outlined that cover would be available for partial closures of the pubs’ premises due to the pandemic, rath

The Court of Appeal in Northern Ireland has allowed an appeal against a decision by the High Court to adjourn a case arising from the Renewable Heat Initiative (RHI) scheme. The case had previously been adjourned to allow for further legislation to be enacted which might have disposed of the applica

The High Court has decided to refer a point of EU law to the CJEU regarding an access to information claim brought by the information activist group Right To Know CLG (RTK) against the Taoiseach. Specifically, it was claimed that the applicant was entitled to certain greenhouse emissions information

The High Court has ruled that a hotel is not covered for losses from the Covid-19 pandemic under a policy of insurance. The court was asked to interpret an AXA policy which provided certain indemnities for closures resulting from specified diseases and sanitary requirements. The plaintiff also argue

The Court of Appeal has overturned a €56,000 award for a damaged finger on the basis that the plaintiff failed to prove the case that was pleaded and presented to the trial judge. The court said that the “essential basis upon which the trial judge held the defendants to be negligent was n

The Court of Appeal has dismissed an appeal brought by the Commissioner of An Garda Síochána against an award of damages for false imprisonment, rejecting arguments that damages for unlawful detention could not be awarded where the plaintiff would have been lawfully detained if correct

The Court of Appeal has overturned an €80,000 award in damages for psychiatric injury for an electrician who avoided being electrocuted when trying to repair a street light. The court ruled that the plaintiff failed to properly satisfy the test set out in Kelly v. Hennessy [1995] 3 IR 253 becau

The Supreme Court has confirmed the final orders in the recent landmark decision regarding the constitutionality of the Workplace Relations Commission procedures. The court determined that the applicant was entitled to the full costs in both the Supreme Court and High Court. In making the decision,

The High Court of Northern Ireland has awarded more than £250,000 to the estate of a deceased victim of military brutality on Bloody Sunday. The victim, Ms Margaret Deery, was shot through her thigh with a high-calibre bullet, resulting in massive damage to her leg and serious medical complica

The High Court has granted the temporary suspension of a doctor from practice due to his actions in response to the Covid-19 pandemic. The doctor allegedly failed to refer his patients for Covid-19 testing and claimed that he would not administer the vaccine to his patients. Further, the doctor refu

The High Court has quashed a decision of the School Transport Appeals Board, which determined that free transport should not be provided to an autistic boy to attend school. In allowing the application for judicial review, the court held that the Appeals Board failed to provide adequate reasons for

The Supreme Court has upheld the constitutional validity of the Workplace Relations Commission (WRC) in a significant ruling relating to the administration of justice in the State. It was held that the WRC process was not unconstitutional due to the lack of an appeal to the courts. Although the cour

The Supreme Court has held that the sale and leaseback of a Scottish care home did not dispose of the seller’s entire interest in the property for the purposes of VAT legislation. The appellant, Balhousie Holdings Ltd, acquired the care home in Huntly, Aberdeenshire in 2013. It was origin

The UK Supreme Court has determined that the predominantly female retail employees of a major supermarket are able to use the employment contracts of predominantly male depot employees as a valid comparison in their equal pay claim. The claimants sought compensation from Asda Stores Ltd on

The Court of Appeal has dismissed an appeal from a man convicted under the Misuse of Drugs Act 1977 for being in possession of drugs with a value of more than €13,000. The man had claimed that the drugs had a market value worth less than €13,000 because, when sold between dealers, the drug