Case Reports

The Medical Council has lost an application to have an application under section 76 of the Medical Practitioners Act 2007 heard in camera. Emphasising the importance in having an open hearing, Mr Justice Peter Kelly, President of the High Court said that he would direct that the s.76 hearing proceed

A teacher who was dismissed from a boarding school after an incident with a student who complained that the teacher had tried to remove his trousers has failed in his action to restrain the Teaching Council of Ireland from notifying the National Vetting Bureau of their concerns. In applying for a pe

The separation of powers principle does not preclude the courts from considering a case brought by a private individual against members of the Public Accounts Committee, the Supreme Court has ruled. The Court held that the PAC acted "significantly outside its terms of reference" in its treatment of

The widow of murdered Belfast solicitor Pat Finucane has been granted a declaration that the state has failed to deliver an Article 2 compliant investigation into the death of her husband, who was shot and killed by loyalist paramilitaries in collusion with the UK security forces. In a unanimous jud

Barrister Seán Guerin has lost an appeal against the declarations made in the Court of Appeal, which held that his conclusions about Alan Shatter in the Guerin Report were in breach of fair procedures and outside the scope of the report. Emphasising that the Supreme Court was "far from being

A man who brought a claim for personal injuries against a taxi driver who drove over his foot has had his claim dismissed in the High Court. Concluding that it was clear from CCTV evidence that the man was the aggressor in a fight which resulted in him falling beside the back wheel of the taxi, and

The former chief executive of Irish Life & Permanent, who was found guilty of conspiracy to defraud, has lost an appeal against his conviction. Explaining the parameters of the defence of “officially induced error”, Mr Justice Peter Charleton found nothing in the evidence to sup

The definition of secured debt advanced by a Personal Insolvency Practitioner in the High Court clearly did not work when read in the context of the Insolvency Act 2012 as a whole. Stating that Personal Insolvency Practitioners were not required to “work miracles” to protect a debtor's p

A woman who was hit on the head by closing lift doors at her work premises, has lost her claim for damages as it was concluded that the incident was caused by her own negligence. Accepting that the placement of sensors on the lift was consistent with the industry norm, and that voiceover warnings we

An environmental activist has been granted a declaration that the Environmental Protection Agency acted ultra vires its powers in 2017 when it granted Irish Water a technical amendment to a licence granted in 2012, which effectively allowed it to regularise ongoing breaches to the licence conditions

Damages for mental distress in a case brought by the statutory dependants of a woman who died as a result of alleged negligence must be paid only to the sole surviving dependant in circumstances where the second dependant died since the proceedings commenced. Finding that the €28,000 settlement

A financial services company alleging that a Termination Notice of its Tied Agency Agreements with EBS was as a result of its refusal to succumb to “pressure” from EBS to “mis-sell financial products”, has been granted an injunction in the High Court. Finding that there was a

A man who argued that a resulting or constructive trust arose due to his payment of his son’s premium for a mortgage protection policy, which remained unassigned after the property they bought together was re-mortgaged, has lost his claim against his son’s estate. Expressing regret that

The lawfulness of a man’s detention was referred to the High Court by way of case stated, after a complaint was made regarding the two-hour delay in a doctor arriving at the Garda station for the purposes of taking a sample of urine. Finding that the doctor attending an emergency was a reasona

The nurses strike has been suspended following intervention by the Labour Court, which investigated the dispute in the exercise of its statutory powers under the Industrial Relations Act 1990. Making a number of recommendations and setting out the details of an Enhanced Nursing Practice salary scale