Case Reports

Clonmel Healthcare have been granted a declaration that a Supplementary Protection Certificate held by Merck Sharp & Dohme Corp for a combination therapy for cholesterol was invalid. Merck brought infringement proceedings against Clonmel for marketing a generic competitor; however, considering C

Two men challenging their surrender to Northern Ireland to face trial for the attempted murder of two PSNI officers have had their applications for discovery of evidence gathered by gardaí dismissed in the High Court. Describing the applications as a fishing expedition, Mr Justice Donald Binc

Martin Foley, known as “the Viper”, has lost an appeal against the finding that he was liable for €738,449 interest on a tax bill of €178,510 which has been due since the early 2000s. Mr Foley argued that the Criminal Assets Bureau was guilty of inordinate and inexcusable delay

A man who appealed against the High Court’s decision to grant summary judgment of €221,000 to Bank of Ireland Mortgage Bank has successfully argued that the bank provided insufficient details to be entitled to its claim. Chief Justice Frank Clarke said the obligation that “a defenda

A company seeking to develop a wind farm in Cork has lost an application for judicial review of a decision by An Bord Pleanála to refuse planning permission based on the “cumulative impact on landscape and visual amenity”. Dismissing the application, Mr Justice Garrett Simons said

Brothers who committed several aggravated burglaries around Northern Ireland have lost an appeal against the severity of their sentences. Upholding the sentences of seven years in custody and seven on licence, Lord Justice Ben Stephens said that the “stiff sentences” were not “mani

The Commissioner of An Garda Síochána has lost an appeal against an order quashing the decision to request the resignation of a Garda accused of sexual assault. Finding that the Commissioner was deficient in responding to the assertion that the Garda had pleaded guilty only on the basis of recei

The former Director of the Garda Juvenile Diversion Programme was “operating under an incorrect interpretation” of the Children Act 2001 in applying a blanket policy that once a juvenile offender reached the age of majority, they could not be admitted to the Diversion Programme irrespect

The Court of Appeal in Northern Ireland has refused to quash a sentence which it found to be unduly lenient because the Director of Public Prosecutions sought to advance an entirely new case on appeal – amounting to “conspicuous unfairness” to the respondent and to the trial judge.

The new statutory scheme providing for periodic payment orders (PPO) for plaintiffs with catastrophic injuries has been described as “a dead letter” in the High Court. Noting that the Courts did not have discretion to fix an increase other than that specified in the Harmonised Index

A man who was unfairly dismissed and awarded €24,000 has had his award of compensation increased to €35,000 in an appeal brought by his former employer. Finding serious procedural failings in the disciplinary process which led to the man’s dismissal, Chairman Kevin Foley also said he

A pedestrian who was struck by a driver on an N road in Longford has had his personal injuries claim against the driver dismissed in the High Court. Stating that the case turned on the appropriate application of The Rules of the Road, Mr Justice David Keane said that if the pedestrian had followed t

The Police Service of Northern Ireland (PSNI) has won an appeal against a £7,500 damages award over delays in progressing the inquest of the death of Pearse Jordan. The Lord Chief Justice, Sir Declan Morgan, found that the trial judge had failed to differentiate between the period of delay for

A former “protection prisoner” who was held in a cell with other prisoners without sanitation or running water for up to 23 hours a day has been awarded €7,500 in the Supreme Court. Emphasising that the case was fact-specific and that the award should not be seen as establishing a &

Solidarity-People Before Profit TDs have been granted leave to apply for judicial review of a decision of the Ceann Comhairle, which will be dealt with in an expedited hearing before the end of the year. Noting the need to approach cases involving Parliament with a degree of caution, Mr Justice Garr