Case Reports

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

The Supreme Court has outlined the proper approach to appeals in cases where a party claims to have received incompetent legal representation. The court determined the appropriate procedural stages to an analysis by an appellate court in assessing substandard representation. Further, the court made

The Supreme Court has ordered Quinn Insurance Limited to provide security for costs to PricewaterhouseCoopers, whose legal bill stands at €30 million in the long-running dispute. In reaching this decision, the court reiterated the proper approach to security for costs (SFC) applications and out

The High Court has rejected a medical negligence action arising from the provision of IVF fertility treatment to a woman. The plaintiff had alleged that the defendants had failed to properly identify a fibroid in her uterus, which caused a number of unsuccessful and painful IVF procedures. Giving th

The High Court has determined that an accident report form compiled by a defendant to a personal injuries claim was not discoverable due to litigation privilege. In reaching the decision, the court accepted that a personal injuries claim is usually brought against an employer following an accident a

The Supreme Court has confirmed the proper legal test when an appellate court is considering admitting new evidence or argument on appeal. Delivering the judgment in the case, Mr Justice John MacMenamin held that a more flexible approach needs to be taken by an appellate court when considering new i

The Court of Appeal has reduced the sentence for a man found guilty of robbery and vehicle theft after the sentencing judge gave a “clear indication” that he would issue a lenient sentence if the man continued his rehabilitation. Giving judgment in the case, Mr Justice Seamus Woulfe redu

The Court of Appeal has ordered that a defendant in an unjust enrichment claim must make discovery of the price paid to National Asset Loan Management Limited for the plaintiff’s loans. The court determined that the purchase price was a relevant and necessary piece of information to the procee

The High Court has refused an “innovative motion” to decide EU law points in a planning application despite the court already having quashed the decision on domestic law grounds. In Balscadden Road SAA Residents Association Ltd. v. An Bord Pleanála (No. 1) [2020] IEHC 586, the cou

The High Court has rejected an applicant’s submissions that he was unlawfully remanded in custody by a Circuit Court judge for a hearing to revoke a suspended sentence. The court considered the terms of s.99(17) of the Criminal Justice Act 2006 as amended and ruled that a court has an inherent

The High Court has granted an order of certiorari against the Minister for Business, Enterprise and Innovation’s refusal to consider an employment permit application for a non-EU national. The key question in the case was whether the applicant was entitled to be considered for an employment pe

The Court of Appeal has rejected an appeal brought by the Minister for Education that she had acted unlawfully by refusing to assess two home-schooled students for calculated grades during the 2020 Leaving Certificate. The court held that it was unreasonable and disproportionate for the Minister to

The High Court has ruled that an insolvent debtor was not entitled to a new protective certificate under the Personal Insolvency Acts 2012-2015 after he had benefitted from an invalid protective certificate within the previous 12 months. It was claimed by the debtor that the impugned certificate was