Case Reports

The president of the High Court, Mr Justice Peter Kelly, has determined that a hospital can proceed with intensive curative intent treatment recommended by the consultant oncologist in charge of treating a five-year-old boy with very high-risk neuroblastoma. Describing the case as “harrow

A man who complained of “widespread establishment bias” against him has lost an appeal against the refusal to grant him leave to bring judicial review proceedings against the Director of Public Prosecutions and a District Court judge. Upholding the High Court’s decision, Mr Justice

A man who was given a custodial sentence of three-and-a-half years for burglarising an elderly man's home, during which he said “it’s alright Sir, I’m a Garda”, has lost an appeal against the severity of his sentence. Finding no error in principle, Mr Justice John Edwards sai

A man who was found guilty of raping his wife has had his custodial sentence increased from three years to five-and-a-half years' imprisonment in the Court of Appeal. Finding that the sentencing judge had not adequately assessed the gravity of the offending conduct, Ms Justice Isobel Kennedy said th

A 29-year-old man has been sentenced to 12 years' imprisonment for the murder of a 55-year-old man who he described as being “kind to everyone” and someone who would “give you his last penny if he had it”. Considering the appropriate tariff after mitigation to be one of 15 ye

The issue of liability in a personal injuries case against Sligo County Council has been directed for rehearing in the High Court. Finding that the trial judge had made a number of errors in concluding that the Council was liable for the accident which occurred on the front porch of a property owned

A district judge who raised concerns about budget cuts qualifies as a worker for the purposes of legislation protecting whistleblowers, justices in the Supreme Court have ruled. Lady Hale with whom Lord Kerr, Lord Carnwath, Lady Arden and Sir Declan Morgan agreed, delivered the judgment.

The High Court has refused an application made by Cork County Council in which it sought an order to direct a property arbitrator to state a case regarding his jurisdiction. The property arbitrator was nominated to hear a dispute over compensation for land acquired by a compulsory purchase order; ho

Clare County Council has been granted a permanent injunction restraining a couple and their family from trespassing on a housing estate where they had previously held a tenancy. The family had lived on the site for over 14 years before being victims of an arson attack, and the Council had promised t

The Minister for Health has lost his application to have proceedings challenging proposed new pharmacy rules split into two separate hearings. Refusing the application, Mr Justice Anthony Barr said splitting the trial was likely to raise the overall costs of the action and that it important not to d

Coolmore Stud has been granted an order striking out a defamation claim brought by a former employee who wrote a book about the famous thoroughbred farm after he retired in 2015. Coolmore Stud wrote letters to retailers and distributors of the book after it was published, threatening legal action if

A line manager at a bank has been awarded €7,500 in compensation for the organisation’s failure to properly address a formal grievance she raised about being undermined in her ability to manage a new employee. Stating that the 15-month delay in dealing with the formal grievance had exacer

A consultant psychiatrist has been awarded €4,000 after it was found that he was penalised for making a protected disclosure about the clinical performance of a colleague. Ordering the employer to pay compensation for penalising the complainant, Adjudication Officer Kevin Baneham found tha

A man who brought a case to the Workplace Relations Commission seeking redress for discrimination on the grounds of gender has had his complaint dismissed. The man complained that he was not allowed to use a room designated for use by females only and that he was being discriminated against since th

An EU citizen minor has “sufficient resources” not to become an unreasonable burden on the social assistance system of the host member state even if their resources are derived from income obtained from unlawful employment, the Court of Justice of the European Union (CJEU) has ruled. In