Case Reports

The Department of Infrastructure has lost an appeal against the ruling that a senior civil servant did not have the power to grant planning permission for a major waste treatment centre and incinerator in Mallusk. The decision had been made in the absence of a Minister due to the political impasse a

A man who was awarded nearly €100k as a result of negligence in Tallaght Hospital has had his claim upheld in the Court of Appeal. Rejecting the argument that the claim was statute barred, Mr Justice Michael Peart was satisfied that the plaintiff could not have been aware of the negligent omission

The Court of Appeal has ruled that Cork University Hospital (CUH) did not have the power to prevent a 93-year-old woman from leaving the hospital with her family in July 2016. The multi-disciplinary team at CUH which was treating the woman after she had broken both of her hips, were concerned about

The UK Supreme Court has clarified the use of closed material procedure under section 6 of the Justice and Security Act 2013, an issue raised in Belhaj and another v Director of Public Prosecutions and another. The appellants allege that they were abducted and mistreated by agents of foreign governm

A woman who was granted five hours of family access per year by the Child and Family Agency has had her Supreme Court appeal dismissed. Upholding the decision of the High Court to refuse to grant judicial review of the access arrangements in place, Mr Justice William McKechnie said the first applica

A letting agent that charged a tenant £36 for “online services” provided when the tenant was applying to rent a property in 2015, has been ordered by Belfast County Court to return the administration fee. Finding that if the agent had not been involved that the service paid for would have been

The Court of Appeal has found that the current law enables legally valid humanist weddings to be performed in Northern Ireland. Overturning the High Court’s declaration that the lack of equal recognition discriminated against humanists pursuant to Articles 9 and 14 ECHR by not protecting a manifes

An Irish man sought by the US on narcotics, computer hacking, and money laundering charges connected to his alleged role as an administrator for dark web site Silk Road has lost his appeal to the Supreme Court in which he sought to halt his extradition. Rejecting arguments raised by the man, who has

A man who was sentenced to ten years' imprisonment after being convicted of raping a woman in 2014, has had his appeal against his conviction dismissed in the Court of Appeal. Stating that it was difficult to envisage what more might have been said to the jury on the issue of consent, Mr Justice Ala

A different-sex couple who object to marriage on the basis they believe it is patriarchal and who sought judicial review of the respondent’s refusal to make legislative changes which would allow them to enter into a civil partnership have had their appeal unanimously allowed by justices in the UK

A company that submitted a tender for a towing contract with An Garda Síochána can proceed with an application for judicial review of the decision to award the contract to another company, after the Commissioner of An Garda Síochána was unsuccessful in its application to have the proceedings dis

The European Court of Justice (ECJ) has ruled that the UK discriminated against a transgender woman who was denied a pension on reaching the retirement age for women. The case concerned transgender woman MB, who was assigned male at birth in 1948, married a woman in 1974, began to live as a woman in

in separate proceedings with Dún Laoghaire-Rathdown County Council (DLR) in 2013, and indicating that ILG expected to deliver a similar defence to the debt that was the subject of the default judgment. Mr Justice Barrett said that it was still unexplained why:

AIB Mortgage Bank have lost their application to the High Court in which they sought Ms Justice Baker to revisit her judgment in which summary judgment was granted in their favour, which they argued was liable to be misinterpreted and result in litigation chaos. In relation to the consideration of t

A man convicted of raping a 15-year-old family friend has successfully appealed his conviction over the trial judge's ruling preventing his lawyers from questioning the girl as to why she was on the contraceptive pill at the time. The girl had asserted that she was a virgin before her encounter with