Case Reports

A woman who claimed to have a well-founded fear of persecution on the ground of her religion if returned to Nigeria has lost her application for judicial review of the decision that she should not be declared a refugee. Upholding, inter alia, the finding that there was adequate state protection avai

The High Court has refused to grant an order for the surrender of a man to Poland pursuant to a European Arrest Warrant issued in 2018. In 2013, the High Court had refused surrender when considering a warrant issued in 2010 for the same offences.

The Court of Appeal in Belfast has held that PSNI officers can pursue claims for holiday pay from the date of commencement of the Working Time Regulations (NI) 1998, and are not confined to a three-month limitation. Finding that the officers were “workers” for the purposes of EU Communit

A 20-year-old woman who was injured when the car in which she was a passenger was involved in a collision has been awarded €92,115 in damages for pain and suffering to date and into the future. Finding the woman to be an honest and truthful witness who did not seek to exaggerate or embellish he

A man who was left a 55-acre farm in his uncle’s only will, which was made a few days before his death, has won an appeal against the finding of the Circuit Court that the will was invalid. Overturning the finding that the deceased did not have the requisite mental capacity to make his will, M

A woman who suffered a fractured elbow in the course of a “White Knuckle Jet Boat Thrill Ride” which she booked through a travel agent prior to going on a cruise in the West Indies, has lost her claim for damages in respect of her injuries. Dismissing the action, Mr Justice Anthony Barr&

An inquest into the death of Daniel Carson, a young Catholic who was murdered as he left work near the lower Shankill in 1973, has found that the investigation into his death was “flawed and inadequate”. Finding that there was “compelling and credible evidence” that the gunma

News publishers who appealed over articles defamatory of a man in respect of his behaviour towards his former wife have had their appeal dismissed by justices in the Supreme Court on the basis the “serious harm” test was satisfied. The Supreme Court unanimously dismissed the appeal,

A woman who brought a claim against a builder who refused to complete a contract for the sale of land which she had already started to build on has been awarded over €77,000 in damages. Criticising the submission of fake documents in support of the claim, Mr Justice Senan Allen said the pr

A woman whose car was rear-ended at traffic lights has been awarded €85,000 in general damages for pain and suffering caused by the accident. Stating that the extent of the injuries caused by the low speed crash were worsened as a result of existing degenerative changes in the woman’s spi

A 24-year-old man who followed an 81-year-old woman from a shop and stole her purse has lost an appeal against his sentence of three years with the final 18 months suspended. Finding that the sentencing judge had not erred in attaching weight to the fact that the offence was against an elderly and v

A man who complained that the medical expert fees included in the bill of costs of the hospital and consultant in his medical negligence claim were so unusually high as to indicate a conflict of interest has lost his appeal to the Supreme Court. Although commenting that the fact that the fees were n

A man who deposited land certificates with Ulster Bank as security for his indebtedness has won an appeal against the finding that a vulture fund, which bought the loan asset and related security, had the benefit of a lien by deposit over his lands. The Supreme Court unanimously overturned the

Facebook has lost an appeal against the decision to refer a complaint about EU-US data transfer to the Court of Justice of the European Union for a preliminary ruling. Emphasising that there were significant limitations on the issues which could be considered on such an appeal, the Chief Justice, Mr

Three men who were charged with the murder of a man in Carrickfergus have been found not guilty of all charges against them. Concluding that he could not find the men guilty beyond a reasonable doubt, Mr Justice Gerry McAlinden described the self-styled paramilitary organisations to which the men we