Case Reports

The High Court has determined that it is obliged to carry out a review pursuant to s.108 of the Assisted Decision-Making (Capacity) Act 2015 even where the ward is not and was not suffering with a mental disorder and has no consultant psychiatrist responsible for their care. Delivering judgment for

The High Court granted orders pursuant to s.92 of the Adoption Act 2010 facilitating the registration of the adoptions of two Russian boys on the Register of Intercountry Adoptions despite non-compliance of the adoptions with The Hague Convention. Delivering judgment for the High Court, Mr Justice J

The High Court has dismissed a woman's civil claim against a school principal having found her evidence to be unreliable and in light of her eight-year delay in furnishing particulars of her claim. Delivering judgment for the Court of Appeal, Mr Justice Tony O'Connor found it “impossible to re

The High Court has stayed personal injury proceedings until the plaintiff submits to examination by a further expert orthopaedic surgeon retained by the defendant despite opposition on the basis of “expert-shopping”. Delivering judgment for the High Court, Mr Justice David Holland stated

The Court of Appeal has dismissed the appeal of a man who abused his nieces and nephew on grounds that proceeding with a joint indictment did not render his trial unfair and that evidence admitted from a “fourth complainant” was central to the main issue to be decided by the jury Deliver

Northern Ireland’s Court of Appeal has imposed a prison sentence for internet-based child sexual offences in lieu of ‘unduly lenient’ High Court sentence of three years’ probation Delivering judgment for the Court of Appeal, Lady Chief Justice Siobhan Keegan stated: “Th

The High Court has made an order for security for the Dublin Airport Authority’s costs in a personal injury dispute involving a UK resident. Delivering judgment for the High Court, Ms Justice Marguerite Bolger highlighted that “the question is whether it would be more difficult or expens

The Court of Appeal has upheld the dismissal of a clinical negligence claim in circumstances where no expert report had been obtained by the plaintiff’s solicitors almost eight years after the proceedings had issued. Delivering judgment for the Court of Appeal, Mr Justice Seamus Noonan denounc

The Supreme Court has quashed a decision of the Minister for Social Protection to refuse to grant a widower’s contributory pension to a widowed father of three children and has declared s.124 of the Social Welfare Consolidation Act 2005 (as amended) unconstitutional in respect of its exclusion

The High Court has granted a decree of divorce to a couple who will continue to live together in the family home under the terms of their settlement agreement. Delivering judgment for the High Court, Mr Justice John Jordan determined that “if a couple can be considered as living apart from one

The High Court has determined that a garda who collided with a driver who pulled out in front of him is entitled to €85,000 in general damages. Delivering judgment for the High Court, Mr Justice Paul Coffey had particular regard to the fact that the man’s “main injuries were to diff

The High Court has determined that a challenge to a grant of planning permission was, in reality, a “collateral challenge” to the underlying decision of the planning authority. Delivering judgment for the High Court, Mr Justice Garrett Simons warned that “a litigant cannot use proc

The High Court has refused injunctive relief restraining the payment of $1.65 million to a Chinese company alleged to have committed fraud. Delivering judgment for the High Court, Mr Justice Rory Mulcahy emphasised that “the test for an injunction to restrain payment on foot of a letter of cre

The High Court has granted an order of certiorari in respect of an IPAT decision refusing refugee status and subsidiary protection to a citizen of Sierra Leone who claimed that he would likely be imprisoned, tortured and killed if returned to his home country. Delivering judgment for the High Court,

Northern Ireland’s High Court has refused an application to transfer child welfare proceedings to Northern Ireland, determining that it was in no better position than the courts of the Republic of Ireland to assess the best interests of a young child and that the child was habitually resident