Case Reports

In a matter which came before the High Court by way of consultative case stated, Mr Justice Garrett Simons found that the evidential presumption of validity under s. 20(1) of the Road Traffic Act 2010 applies to a photocopy of a breathalyser statement produced pursuant to s.13 of the Road Traffic Ac

Two men who had over €8,000 seized by customs officials prior to their three-day trip to Ibiza have had their appeal dismissed in the Court of Appeal. The men, who were also found in possession of cocaine valued at over €4,000, argued that they were entitled to have the cash returned as th

A man who was involved in the violent removal of a family from their home has had his sentence increased by one year by the Court of Appeal. The Director of Public Prosecutions appealed the sentence of three years with the final year suspended on the grounds that it was unduly lenient, and Mr Justic

A man who was found guilty of manslaughter and sentenced to seven years' imprisonment has lost an appeal against the severity of his sentence. Finding the sentence to be in the same range as other sentences involving a knife, which was a substantial aggravating factor, Mr Justice Peter Charleton sai

A former law lecturer who is serving ten years' imprisonment in Arbour Hill Prison for sexual offences has successfully argued that there was a want of fair procedures in a disciplinary hearing which resulted in his phone and visitation privileges being denied for 30 days. In deciding to sanction th

A man who was sentenced to five years' imprisonment has lost an appeal against the severity of his sentence in the Court of Appeal. The man had argued that the sentencing judge had erred in identifying a headline sentence of 7 years and in his consideration of aggravating factors, however, Ms Justic

In a long-running dispute involving a former member of An Garda Síochána who complained of bullying and sexual harassment in 2009, Mr Justice Senan Allen has granted an order declaring that the former Garda cannot re-litigate claims already dealt with in the superior court but has refu

A farmer with multiple sclerosis who was told not to come back to work until he provided his employer with a letter confirming his fitness to drive has been awarded €31,000 in the Workplace Relations Commission. The man, who worked on the farm since 1993, was diagnosed with multiple sclerosis i

The Information Commissioner must reconsider its decision requiring UCC to disclose records of a loan agreement with the European Investment Bank to RTÉ, after the High Court found the decision exhibited a number of errors of law. Remitting the matter to the Information Commissioner for recon

A man who was sentenced to five years imprisonment for conspiracy to import and possession with intent to supply cocaine has lost an appeal against his conviction. The man had argued that the search warrant for his flat in Dublin was invalid because it was almost identical to the original search war

A woman sued for defamation by her ex-husband over her claim on Facebook that he “tried to strangle me” has had her appeal unanimously allowed by the UK Supreme Court on the basis an ordinary reader of the post would have interpreted it as meaning the ex-husband had grasped the woman by

The counterclaim for an order to compel a landlord to sell his tenant a half acre site on his land has been rejected by the High Court in circumstances where part of the alleged agreement in 1999 involved a cheque for €30,000, when the Euro only became legal tender in 2002. Concluding that the

A man who was recalled to prison when he ignored G4S staff who arrived at his home to fit electronic monitoring equipment on the night of his release has lost an appeal against his recall. The man had been released on licence after serving a custodial sentence for possession of explosives and posses

Councillor Jolene Bunting has lost an appeal against the decision to suspend her from Belfast City Council pending the outcome of an investigation into complaints made about her hostility towards the Islamic faith, and a sectarian meme which she posted on social media. Finding that Ms Bunting’

The former director of a liquidated company has successfully appealed the finding that a €300,000 loan made by a man who became a shadow director of the company was a personal loan to him, rather than an investment in the company. Setting aside the judgment of the High Court and remitting the m