Case Reports

The Investor Compensation Company has lost an application to the High Court for directions which would enable it to be subrogated to the right of clients of a liquidated company to whom compensation has already been paid. Since the directions sought by ICCL did not relate to identified claims, Ms Ju

A man who was made a Ward of Court four days before he was due to be released from the Central Mental Hospital (CMH) has lost his appeal to the Supreme Court. Counsel for the man had argued that because he satisfied the statutory criteria for admission to the CMH under the Mental Health Act 2001, th

Four men have been given life sentences for the murder of a man who was shot in front of his three-year-old child in Bangor in 2017. Stating that the murder had “paramilitary overtones”, Judge Adrian Colton imposed minimum tariffs of between 15 and 16 years for the men who had pleaded gu

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