Case Reports

The Labour Court must reconsider a case involving a Tesco employee who was not paid in accordance with the terms of his contract. Remitting the case back to the Court for consideration, Mr Justice Michael MacGrath found that the Labour Court had fallen into error by failing to appropriately assess t

A man who argued that he was unfairly dismissed from his employment after making a “protected disclosure” has lost an appeal against the Labour Court’s finding that, in stating that his work was causing him pain, his communication was an expression of grievance and not a protected

A District Court judge’s decision to decline jurisdiction in respect of an assault charge in circumstances where the same judge had accepted jurisdiction at a previous hearing was reached in breach of fair procedures. Granting an order of certiorari quashing the decision, Ms Justice Miriam O&r

The owners of a commercial property in Cork city have been awarded €45,614 for damage caused by a former tenant who converted the ground floor of the property from an off-licence to a bar without their consent. Soon after the works were carried out, tenants on the first floor of the property co

A woman who failed to notify the lender in a “lifetime loan” mortgage agreement of her mother’s death has lost an appeal against the decision to refuse an extension of time to challenge the order for possession granted to the lender. Dismissing the appeal, Ms Justice Iseult O&rsquo

Proceedings seeking an order for possession of property mortgaged under a “lifetime loan”, which became payable upon death of the mortgagor, were not statute-barred as the proceedings were not subsisting at the date of death. Finding that the proceedings were not subject to the two-year

The Courts Service has lost an appeal against the Data Protection Commissioner’s finding that it breached pre-GDPR legislation by publishing the name of a notice party who had been granted anonymity. Dismissing the appeal, Judge Francis Comerford said the Courts Service was obviously a data co

The Ministry of Defence has lost an appeal against the award of £15,000 compensatory damages and aggravated damages to the widow of Bernard McGuigan, who was shot dead on Bloody Sunday. Dismissing the appeal, Lord Justice Bernard McCloskey said that Mr McGuigan was capable of being a victim of

A man who was refused a short-term tenancy for a residential property has had his appeal to the High Court dismissed. Finding that the Circuit Court had not erred on a point of law, Mr Justice Garrett Simons said that the complainant was dissatisfied with the findings of fact made with regards his d

The UK Supreme Court has refused to accept an application from the Attorney General for Northern Ireland to refer what he said was a “devolution issue” under the Northern Ireland Act 1998. The Attorney General submitted that, by providing postcode lists to the Secretary of State, Norther

A woman who claims that the mortgage on her family home was executed without her knowledge or consent has successfully appealed an order for possession granted to Bank of Ireland Mortgage Bank. Finding that BOI had failed to establish that the woman was indebted to it in circumstances where she made

The State has successfully appealed against a finding of liability in a trip and fall case which resulted in an award of over €158,000 in general and special damages. Overturning the High Court’s finding that the State was liable due to movement in concrete slabs which created a trip haza

The decision taken by An Bord Pleanála to overturn planning permission granted to a Scientology-linked group for a drug rehab facility has been quashed in the High Court. Finding that the board’s decision was a collateral attack on an earlier decision made by Meath County Council, Mr Ju

A 22-year-old man has been given a six-year sentence for the “single-punch” manslaughter of a vulnerable man in Newcastle, County Down. Mr Justice Adrian Colton followed the sentencing guidelines in R v Quinn. Two other men who witnessed the incident were sentenced for related offences,

Dunne Stores have lost an appeal against the grant of a stay halting proceedings issued against a developer until the dispute between the parties is determined by an independent expert pursuant to the Development Agreement. Stating that Dunnes’ decision to challenge the role of the independent