Case Reports

The requirement for a person to prove beyond a reasonable doubt that they did not commit an offence in order to access compensation for a miscarriage of justice does not breach their right to presumption of innocence, the Supreme Court has ruled. The question in the appeals was whether the definitio

Permanent TSB have been granted an order discharging the purported order of the Master of the High Court to strike out a Special Summons. Stating that it beggared belief that the Master continued to make such orders despite recent decisions clearly stating that he had no jurisdiction to do so, Mr Ju

An egg company in Galway has been granted an injunction restraining its former supplier from trading under a similar name, after the Court of Appeal found that the actions of its competitor constituted the tort of passing off. Overturning the High Court’s dismissal of the claim, Ms Justice Car

A construction company that changed the terms of its loan agreements with IBRC, allowing for an expert to estimate the amount of profit to be evenly distributed, has lost its appeal to the Supreme Court. Finding that the agreement entered into in 2011 bound the company to accept the terms of agreeme

In divorce proceedings which began in 2002, the Supreme Court has ordered that the ex-husband should receive 25% of his pension fund and the ex-wife should receive 75%. The ex-husband had appealed the original apportionment in which his ex-wife had been awarded 80% of the fund, valued at around &eur

The Director of Public Prosecutions has lost an appeal against wholly suspended sentence which was given to a man who pleaded guilty to stabbing another man in the back with a kitchen knife. Accepting that the sentence was indeed a very lenient one, Mr Justice John Edwards said that an ent

A man whose son was murdered in 1997 has successfully appealed a case management decision not to remove a stay on the hearing of his application to issue judicial review proceedings against the PSNI, the Department of Justice, and the Coroner’s Service. The Court of Appeal said that a comment

Unmarried partners are not amenable to the non-compellability provisions of the Criminal Evidence Act 1992, it has been ruled in the Court of Appeal. Stating that there could be absolutely no doubt that the reference to “spouse” meant only a married spouse, Mr Justice George Birmingham,

A man who had two hip replacements in 2007, which were later found to be defective and recalled by the manufacturer, has had his claim dismissed in the High Court. The manufacturing company submitted that authorisation should have been sought from the Personal Injuries Assessment Board before the pr

A woman who claims that she was under duress and undue influence when she acted as guarantor for loans taken by her son, has been granted an interlocutory injunction restraining receivers from selling, possessing, trespassing upon or otherwise dealing with the secured property. Finding that there wa

The Attorney General for Northern Ireland should apply to intervene in litigation involving the north-south interconnector to clarify devolution issues referred to the UK Supreme Court. Stating that it was desirable for legal questions to be determined against the background of a clear factual matri

A security officer who brought a personal injury claim against a delivery driver, Tesco and Brennans Bread has had his appeal dismissed in the Court of Appeal. In the High Court, it was found that the relationship between the two men involved “jokes, banter and the odd physical engagement&rdqu

A bus company has been directed to reinstate a part-time school bus driver whose contract of employment was terminated in August 2017. The company accused the driver of stealing parts, however the driver maintained that he had permission to take the parts and did so openly.

A couple in Germany whose four children were temporarily taken into care because they insisted on homeschooling them did not suffer a violation of their article 8 rights, the European Court of Human Rights (ECtHR) has ruled. In yesterday's Chamber judgment in the case of Wunderlich v Germany, the co