Case Reports

The High Court has determined that an accident report form compiled by a defendant to a personal injuries claim was not discoverable due to litigation privilege. In reaching the decision, the court accepted that a personal injuries claim is usually brought against an employer following an accident a

The Supreme Court has confirmed the proper legal test when an appellate court is considering admitting new evidence or argument on appeal. Delivering the judgment in the case, Mr Justice John MacMenamin held that a more flexible approach needs to be taken by an appellate court when considering new i

The Court of Appeal has reduced the sentence for a man found guilty of robbery and vehicle theft after the sentencing judge gave a “clear indication” that he would issue a lenient sentence if the man continued his rehabilitation. Giving judgment in the case, Mr Justice Seamus Woulfe redu

The Court of Appeal has ordered that a defendant in an unjust enrichment claim must make discovery of the price paid to National Asset Loan Management Limited for the plaintiff’s loans. The court determined that the purchase price was a relevant and necessary piece of information to the procee

The High Court has refused an “innovative motion” to decide EU law points in a planning application despite the court already having quashed the decision on domestic law grounds. In Balscadden Road SAA Residents Association Ltd. v. An Bord Pleanála (No. 1) [2020] IEHC 586, the cou

The High Court has rejected an applicant’s submissions that he was unlawfully remanded in custody by a Circuit Court judge for a hearing to revoke a suspended sentence. The court considered the terms of s.99(17) of the Criminal Justice Act 2006 as amended and ruled that a court has an inherent

The High Court has granted an order of certiorari against the Minister for Business, Enterprise and Innovation’s refusal to consider an employment permit application for a non-EU national. The key question in the case was whether the applicant was entitled to be considered for an employment pe

The Court of Appeal has rejected an appeal brought by the Minister for Education that she had acted unlawfully by refusing to assess two home-schooled students for calculated grades during the 2020 Leaving Certificate. The court held that it was unreasonable and disproportionate for the Minister to

The High Court has ruled that an insolvent debtor was not entitled to a new protective certificate under the Personal Insolvency Acts 2012-2015 after he had benefitted from an invalid protective certificate within the previous 12 months. It was claimed by the debtor that the impugned certificate was

The Court of Appeal has increased the award of damages for a plaintiff who was hit by a car to €372,000. The plaintiff had appealed the decision of the High Court, which had awarded her with €265,000 after it was determined that she was 45 percent liable for the accident. On Friday, Mr Jus

The Court of Appeal has upheld a High Court decision to refuse leave in judicial review proceedings which challenged the constitutionality of the Covid-19 lockdown in Ireland. The court was highly critical of the case made by the appellants, stating that the proceedings were “tendentious&rdquo

The High Court has determined that a Health and Care Trust did not act unlawfully after it reduced the level of social care to two profoundly disabled adults due to the effects of the Covid-19 pandemic. The court said that the decision taken by the Trust to reduce care services from March 2020 was r

The High Court has refused an application for judicial review brought by a student who sought to challenge his results from the 2020 Leaving Certificate. The student had been downgraded from the predicted results provided by his teachers and he claimed that he had missed his preferred course in univ

The High Court has granted an application for security for costs against an impecunious company suing for €228,000. The company was ordered to pay 80 percent of the defendant’s costs, which were estimated at €231,000. In delivering the judgment, Mr Justice Michael Twomey was highly c

The High Court has refused an application to increase a compensation award for a boy who developed narcolepsy and cataplexy after receiving the swine flu vaccine. The court had previously approved the general terms of a settlement agreement in November 2020 between the boy and the defendants, but th