Case Reports

The High Court has ruled that an application made under Order 28, rule 11 of the Rules of the Superior Courts, commonly referred to as amendments under the “slip rule”, may be heard by a judge sitting in the relevant list, who does not necessarily have to be the judge who originally made

The High Court has ruled that Edmund Honohan SC, the Master of the High Court, erred in extending time for an appeal of a decision of the Circuit Court. Mr Justice Charles Meenan heard the matter by way of an appeal taken by Malcolm Trevor Jones against an Order of the Master of the High Court where

The High Court has found that a house and a watch found inside the house were acquired using the proceeds of crime. Mr Justice Alexander Owens found that the property at 18 Mallin Avenue, Rialto and the watch found in the search of the property are items of property acquired using the proceeds of cr

The Court of Appeal has increased a man’s five-year sentence for manslaughter to seven years following a leniency appeal taken by the DPP. The judges said that, in concluding that the offence is properly placed at the higher end of the medium culpability band, the court does not intend to sugg

The High Court has ruled that a woman suing the National Maternity Hospital must provide it with her medical charts after the hospital lost them. Mr Justice Max Barrett heard the motion for judgment in default of defence in medical negligence proceedings arising out of an ectopic pregnancy.

The High Court has ruled that a woman who cared for her partner in the years before his death should have the benefit of his South Dublin property. Mr Justice Senan Allen heard the application, pursuant to s.194 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, for

Members of the Public Accounts Committee (PAC) have been let out of proceedings taken by a lay litigant against the Committee and Dublin City Council, and the plaintiff’s application for an early trial pursuant to Order 50, rule 2 of the Rules of the Superior Courts has been refused by the Hig

A man who sustained injuries when he collided with racehorses being worked in the Curragh has had his personal injuries claim dismissed in the High Court. Finding that the proximate cause of this “unusual, if not unprecedented, accident” was the man’s failure to keep a lookout when

The Supreme Court has reinstated the original sentence of 10 years' imprisonment imposed in a matrimonial rape case which involved a pattern of abuse, threats to kill, and a violent attack with a hammer. Rejecting the man’s argument that the Supreme Court did not have jurisdiction to review th

A man who was repeatedly stopped and searched under the Justice and Security (NI) Act 2007 has been granted a declaration that the PSNI, in failing to record the basis for searches carried out in 2013, acted in breach of the man’s right to respect for private and family life under Article 8 EC

A woman who was refused international protection in the International Protection Appeals Tribunal, in a decision which stated that she “worked as a prostitute and managed to sustain herself”, has been granted an order of certiorari in the High Court. Remitting the case back to the IPAT f

A vulture fund has been granted an injunction enabling them to take possession of a four-bedroom house in Blackrock, presumed to be rented by up to 15 people. Finding that the vulture fund, together with the receivers, had a “strong case” likely to succeed at trial, Mr Justice Mark Sanfe

A family who were refused international protection and subsequently lost an appeal to the International Protection Appeals Tribunal failed to provide any explanation which would warrant the grant of an extension of time to bring judicial review proceedings in the High Court. Commenting tha

The UK Supreme Court has found that it does not have jurisdiction to hear an appeal directly from the High Court in judicial review proceedings brought by the sister of one of Michael Stone’s victims. Agreeing with the Attorney General for Northern Ireland that the proper route of appeal was t

A solicitor who was constructively dismissed by the new owner of a firm she had worked in for over 10 years has been awarded €13,300 in the Workplace Relations Commission. The new owner sought to change the essential terms of the complainant’s employment contract, insisting that the offic