Case Reports

The term ‘spouse’ within the meaning of the provisions of EU law on freedom of residence for EU citizens and their family members includes spouses of the same sex, the Court of Justice of the European Union has ruled. Although the member states have the freedom whether or not to authorise marria

Independent News and Media (INM) have had their application for judicial review of a decision taken by the Office of the Director of Corporate Enforcement (OCDE) dismissed by the High Court. Stating that INM’s argument that it had a right to be consulted prior to the institution of legal proceedin

A man who was said to have been in a state of drug-induced psychosis when he fatally stabbed his mother in 2011, has had his appeal against his conviction dismissed by the Court of Appeal. Dismissing all four grounds raised by the man, Mr Justice Edwards said that the trial judge's directions to the

A lift installation company responsible for the maintenance of lifts at the Bank of Ireland offices in Dublin have been unsuccessful in their application to set aside a third party notice which was served on them in relation to personal injury proceedings. The proceedings involve a woman who was inj

St Patrick’s Archdiocesan Trust have been granted an order for possession of a seven-and-a-half-acre field in Newry which was being used by a woman to keep ponies. The woman, who has been a tenant in a house adjacent to the field since 2004, claimed that she and her husband were entitled to advers

A man who was arrested by immigration officers in 2011 has been awarded €7,500 in compensatory damages for the tort of false imprisonment and for injury caused as a result. Stating that it had been established that the man was unlawfully deprived of his liberty and was falsely imprisoned, Ms Justi

The Court of Appeal has concluded that, in the period between 2001 and 2012, there was no culpable delay on the part of the Senior Coroner or the Coroner in conducting the inquest into the death of Pearse Jordan. Upholding the finding of the High Court, Lord Justice Deeny found that the Coroners wer

Three serving Gardaí have been granted orders of certiorari in the High Court, quashing the decision of the Commissioner of An Garda Síochána to substitute the presiding officer of the Board of Inquiry into their alleged breaches of discipline. The Board of Inquiry was established in 2014, and ha

Members of a hillwalking association in County Wicklow have lost an appeal against a declaration that private lands were not subject to any public right of way. The contested route had been subject to dispute between the Enniskerry Walking Associationand the private land-owner, which apparently esca

The sister of a 15-year-old boy who was killed by a soldier in 1972 has been granted an order quashing the decision of the Director of Public Prosecutions not to prosecute the soldier who shot him. Daniel Hegarty “posed no threat to anyone” when he was shot twice in the head without warning, and

The High Court has made a further request for a preliminary ruling the CJEU regarding the effect of Brexit on EU citizens who have been ordered for surrender to the UK under European Arrest Warrants. Explaining that there was no mandate on the CJEU to “act without delay” on the reference already

A former soldier who has been indicted on two counts for his involvement in the killing of an unarmed man who was running away from soldiers in 1974 has had his application to stay his prosecution refused in Belfast Crown Court. Satisfied that a fair trial would be possible, Mr Justice Colton reject

The discovery of two categories of document sought by Celltrion in patent infringement proceedings initiated by Biogen have been ordered in the High Court. Granting one of the categories on Celltrion’s terms, and another on terms offered by Biogen; Mr Justice Max Barrett explained that the princip

A plenary summons served on the King’s Inns by a solicitor claiming for breach of contract, has been set aside in the High Court, due to the fact that it was served outside of the 12-month period prescribed by Order 8, Rule 1 of the Rules of the Superior Courts. Also discharging an unqualified app

Clones Credit Union have been granted summary judgment for the principle sum owed by members who borrowed in excess of €212,000 in 2008. Finding that the defendants had failed to satisfy the low hurdle needed to send the matter to plenary hearing (as per Aer Rianta and Harrisrange), Mr Justice Max