Case Reports

The Court of Appeal has dismissed an appeal by Zurich Insurance plc seeking to set aside a third party notice in personal injury proceedings where cover was denied. It had been claimed by Zurich that the dispute regarding insurance cover was “entirely different” from the personal injurie

Certain provisions of bills passed by the Scottish Parliament are outside its legislative competence, the UK Supreme Court has ruled. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill (UNCRC) and the European Charter of Local Self-Government (Incorporation) (Sc

The Court of Appeal has reduced a personal injuries award by €35,000 on the basis that the trial judge failed to adequately set out reasons for the original award of €210,000. While the court agreed that the accident in the proceedings was “horrendous”, the court held that the

The Supreme Court has determined that an accused man was entitled to €5,000 in compensation from the State as a result of “systematic delays” in the appeal process which delayed his hearing. The man’s appeal had been adjourned on five occasions between 2011 and 2013 in the Cou

Northern Ireland's High Court has dismissed an application to strip away a father’s parental responsibility towards his daughter despite evidence of domestic and sexual abuse towards her mother in the child's presence. An application was brought by the child, RE’s, mother under Article 7

The UK Supreme Court has dismissed an appeal by a Vietnamese asylum seeker challenging a decision of an immigration tribunal under fast-track procedure rules that were found to be structurally unfair to refuse her application. The appeal on behalf of TN challenged the validity of a decision made und

The English Intellectual Property Enterprise Court has rejected a claim for trade mark infringement by a self-described “spiritual and holistic therapist” who claimed that another holistic therapist had been using her mark to market online courses and upheld a counterclaim of passing off

The High Court has set aside a bankruptcy summons where the respondent claimed to have suffered a “bombardment of calls” to his work by a Middle Eastern bank. The court held that the debtor had raised an arguable defence that the bank had harassed him after threatening to imprison him fo

The English Court of Appeal has upheld a decision of the UK Intellectual Property Office to reject two patent applications designating an artificial intelligence designed to create patentable inventions as the inventor.

The High Court has rejected a constitutional challenge to the Comprehensive Economic Trade Agreement (CETA) made between the EU and Canada. The action was brought by Mr Patrick Costello, a Green Party TD, who claimed that CETA would adversely affect the State’s ability to make environmental re

The High Court has dismissed an application to hold police responsible for dismantling a dangerous bonfire, finding that the threat of “widespread unrest” outweighed the effects of the anti-social and unlawful behaviour. The emergency application was brought by AB, who lives in the vicin

The UK Supreme Court has dismissed an appeal by a travel agent against a decision that it could not set aside a contractual agreement with an airline with a monopoly on flights between the UK and Pakistan for reasons of lawful act economic duress. Times Travel UK had originally brought a claim again

The Supreme Court has ruled that a prison was not liable in damages to an inmate who went on hunger strike following complaints about his living conditions. The inmate had been granted €5,000 in damages by the High Court after it was held that the prison had taken six weeks to make a decision o

The High Court has awarded both personal damages and repayment to the company in an unfair prejudice claim against a Coleraine company which voted to oust a founding shareholder. The petitioner, Mr Fergus Shaw, sought relief under section 994 of the Companies Act 2006 on the grounds that the affairs

The Supreme Court has allowed an appeal brought by a solicitor who had been found guilty of misconduct by the Solicitors Disciplinary Tribunal. The solicitor previously had appeals rejected in the High Court and Court of Appeal, where it was held that the matters which the solicitor wished to raise