Case Reports

The High Court has dismissed all seven headings of a land conveyance counterclaim, deeming it to be “clearly an abuse of process”. The plaintiffs, solicitor Andrea McIlroy-Rose and her late father John McIlroy, issued proceedings in 2016 seeking injunctive relief and damages for an alleg

The Supreme Court has dismissed an appeal in proceedings which sought to compel the State to establish an inquiry into the handling of a Garda investigation of a murder from 1976. Delivering judgment in the case, Chief Justice Mr Justice Frank Clarke held that there was no obligation on the State to

The Supreme Court has ruled that an expert witness retained by a plaintiff in competition proceedings should be excluded from the case on the basis that he had previously provided advise to the defendant in separate proceedings. The court held that the expert would have received confidential and pri

Northern Ireland's Court of Appeal has refused a renewed application for leave to issue judicial review proceedings against prime minister Boris Johnson for allegedly signing the Brexit deal and the Northern Ireland Protocol with no intention of adhering to it. Handing down judgment on behalf of a t

An experienced Northern Ireland solicitor who lied to the High Court about his employment and financial history in a dishonest bid to reduce his child maintenance to zero has been jailed for three months. Praising the "tenacity" of his ex-wife, who now works as a solicitor for a high-profile public

The Court of Appeal has allowed an appeal by the Department for Communities (DfC) in a challenge against the legislation which provides that certain people with a terminal illness can receive welfare benefits without undergoing a full assessment. Handing down the judgment yesterday on behalf of a th

The High Court has granted an order for the possession of a house after the defendants had failed to make payments on the mortgage since 2017. Delivering judgment in the case, Mr Justice Max Barrett commented that the defendants seemed to have been assisted by “unregulated charlatans.”

The High Court has quashed a decision by the Minister for Justice and Equality to refuse a visa extension for a Canadian national whose husband was studying in Ireland. Delivering judgment in the case, Mr Justice Max Barrett held that the Minister had failed to provide adequate reasons for the decis

The Court of Appeal has allowed an appeal brought by a defendant in summary judgment proceedings, stating that she had an arguable defence to the €3.39 million claim. The monies were sought by the plaintiff on the basis of a guarantee provided by the defendant, but the court held that the plain

The High Court has refused a winding up petition for a company that had not paid rent for its commercial premises in over a year on the basis that there was a bona fide dispute over the terms of the lease. The court determined that there was a genuine dispute over a clause which provided for the sus

The Court of Appeal has dismissed an appeal against the severity of a 16-year sentence for a man guilty of violent sexual assaults against two sex workers. In so ruling, the court upheld the trial judge’s decision that the offences should run consecutively. The court was also satisfied that th

The Supreme Court has referred a case to the Court of Justice of the European Union (CJEU) in which the appellants challenged the legal basis for their surrender to the UK on foot of a European arrest warrant. The appellants had claimed that the EAW system between Ireland and the UK was invalid beca

The European Court of Human Rights (ECtHR) has ruled that the pre-trial detention of a man suspected of belonging to a terrorist organisation in Turkey was a violation of his human rights under Article 5 of the European Convention on Human Rights (ECHR). Tekin Akgün was suspected of b

The High Court has dismissed a personal injuries action in a trip-and-fall case on the basis that the plaintiff failed to look where he was walking at the time of the accident. The court applied cases such as Lavin v. Dublin Airport Authority [2016] IECA 268 and stated that the accident would not ha

The Supreme Court has allowed an appeal by a man who claimed that he had received unduly harsh conditions for a suspended sentence for harassment. The appellant had previously received a 30-month sentence with the last 12 months suspended on condition that he refrained from engaging in his job as a