Case Reports

The fact that the remand period in a recognisance exceeded 30 days, in breach of the Criminal Procedure Act 1967, did not deprive the District Court of substantive jurisdiction, the High Court has ruled. Finding that the making of a complaint was sufficient to give jurisdiction, Mr Justice Garrett S

A girl who initially accepted a €21,000 damages assessment from the Personal Injuries Assessment Board (PIAB) for injuries sustained in a road traffic accident has been granted an order rejecting this assessment and a declaration that the PIAB can authorise legal proceedings. Finding that the i

A man who pleaded guilty to the murder of a retired teacher in Crumlin in 2018 must serve a minimum sentence of 16 years and six months before being considered for release on licence. Commenting that the victim was “a man who lived a blameless and worthy life”, Mr Justice Adrian Colton s

A man who was found guilty on charges of rape and indecent assault in 2016, for offences which occurred in the 1970s, has lost an appeal against his conviction. By a 3:2 majority, the Supreme Court concluded that, in light of the strength of the prosecution case and an assessment of potentially miss

A company established for the purpose of running a Direct Provision centre has lost an appeal against an order to provide security for costs in its action against a hotel owner in Wexford. Finding that the company had failed to establish that the hotel owner refusing to execute the lease prevented t

The former harbour master at Killybegs has lost his appeal challenging the Government’s decision to dismiss him from his post in 2009. After a lengthy investigation, it had been found that the commercial pilotage services the man had provided after becoming harbour master represented a serious

A cyclist who suffered a broken foot when a motorist drove over his foot at a junction has been awarded €20,640 in the High Court. His original claim was for €51,600 in damages, however Mr Justice David Keane apportioned only 40 per cent liability to the motorist for failing to keep a prop

Four part-time judges have succeeded against the Ministry of Justice in an appeal to the Supreme Court over their rights to a pension. The Supreme Court unanimously allows the appeals. Lord Carnwath gives the sole judgments, with which Lady Hale (President), Lord Reed (Deputy President) and Lord Wil

Planning permission for eleven wind turbines in Cork, granted by An Bord Pleanála, has been quashed in the Supreme Court. Emphasising the need for decision-making institutions to provide proper reasoning for decisions, Mr Justice Donal O’Donnell said that the Inspector who reported to t

A man who was ordered to get off the Luas despite having a valid ticket has been awarded €500 in the High Court. Finding that the man had been defamed by the security guard who tried to put him off the train, Mr Justice Anthony Barr said that the “fleeting defamation” was “alm

In a matrimonial rape case involving a pattern of abuse, threats to kill, and a violent attack with a hammer after the rape, the Supreme Court has set out the sentencing principles which must be observed when dealing with a pattern of violent and abusive behaviour. Finding that the Court of Appeal w

A woman who worked as a school principal in a small national school for twenty years has been granted an order of certiorari, quashing the decision of the Board of Management to dismiss her. Finding that the Board had failed to give adequate reasons for their decision, Mr Justice Anthony Barr also c

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