Case Reports

Sitting as a Coroner in the inquest on the death of a 19-year-old man in Derry in 1972, Judge Patrick Kinney has found that the soldier who shot and killed Seamus Bradley was not justified in opening fire and that the investigation into his death was flawed and inadequate. Finding that the use of fo

A man who was found to have entered into a ‘marriage of convenience’ to obtain a residence card has lost an application for judicial review of the decision to revoke his permission to remain in the State. Refusing the application, Mr Justice David Keane rejected, inter alia, the argument

A female prison officer with 25 years' service with the Irish Prison Service has been awarded €20,000 in the Workplace Relations Commission after it was found that she had been discriminated against on the grounds of gender. Finding that gender discrimination had occurred when the officer had b

A man whose employment was terminated after a dispute arose over paternity leave has been awarded nearly €8,000 in the Workplace Relations Commission. The man had been informed that he was entitled to a period of paid leave, but after approaching his manager, his request for paid leave was decl

A woman who was sexually harassed at work for over six months after she returned from maternity leave has been awarded €40,000 in the Workplace Relations Commission. The woman stated that she was sexually harassed on a regular basis in front of managers of the retail store she worked in, and th

A man who suffered an injury to his knee requiring surgery after he slipped on the stone staircase at the National Museum of Ireland has been awarded €67,000 in the High Court. Criticising the Museum for its failure to provide the court with CCTV evidence of the fall, or present witnesses who h

A garda who was involved in a "traumatic" road traffic collision in Mullingar, in which large pieces of wood entered through the body of the car while his young children were in the back seat,  has been awarded €90,000 in the High Court. Accepting that the man continued to suffer problems

A man who accumulated a total of 47 convictions between October 2015 and March 2017 has lost his challenge against the decision of the Minister for Justice and Equality to make a removal order and a five-year exclusion order against him. Refusing to grant the orders of certiorari sought, Mr Justice

The Supreme Court has held that a pharmaceutical company should have been granted an interlocutory injunction restraining a generic competitor from infringing its (now expired) Supplementary Protection Certificate (SPC) for a combined treatment for cholesterol. Outlining the factors which a court sh

The Supreme Court has held that the Employment Equality Acts requires the distribution of essential duties must be considered as part of a “reasonable accommodation” to accommodate employees with a disability, and that the Court of Appeal erred in making a distinction between “task

BT has lost an appeal against the finding that it was liable for disability discrimination for failing to make reasonable adjustments in its recruitment process for a man with Asperger’s Syndrome. Finding that there was no error in the reasoning or in the fact finding of the Industrial Tribuna

A man who was found with drugs valued at nearly €270,000 during a search of his house has had his sentence decreased in the Court of Appeal. Finding that the original sentence of ten years with the final three suspended was “an error of principle” due to the very strong mitigation w

A company that was wrongly pursued for a €10.2 million VAT bill due to a “fundamental error” in the interpretation of the VAT Regulations of 1979 (as amended) has lost its appeal against the High Court's rejection of its claim for damages for malicious abuse of the civil process. Fi

A man who claimed that he was a dependant of his brother, who is a naturalised citizen of the UK, has been granted an order of certiorari quashing the decision refusing him a residence card. Finding that the Minister for Justice and Equality had erred in his application of the EC (Free Movement of P

A man who was convicted of cultivating over one hundred cannabis plants in the attic of his home in Tipperary has lost an appeal against the severity of the five-year sentence imposed upon him by Clonmel Circuit Court. Finding no error in principle with the sentence, Ms Justice Máire Whelan s