Case Reports

The Minister for Agriculture, Ireland, and the Attorney General have lost their appeal against a finding of liability for economic loss resulting from negligent advice given to commercial fishermen, which caused their arrest and a fine for engaging in commercial scallop fishing. Upholding the findin

The Garda Representative Association (GRA) have lost their appeal to the Supreme Court regarding the legality of sick leave Regulations introduced in 2014. The GRA argued that there was a legal entitlement to be consulted prior to the making of regulations which significantly reduced the level of re

The Pro Life Campaign have had their application to participate as an amicus curiae in an appeal involving Article 40.3.3 of the Constitution refused by the Supreme Court. Stating that the present action concerned a “pure issue of law” and that no “medical or social” issues were to be determ

A hospital in Cork subject to a personal injury claim from a man who contracted MRSA in 2005 has had its appeal dismissed in the Court of Appeal. The Hospital argued that the personal injury summons issued in 2008 was statute barred pursuant to the Statute of Limitations (Amendment) Act 1991, howeve

In a test case which impacts “some 400” pending cases, the High Court has ruled that debtors have a right to directly engage in the review by the Court of a proposed Personal Insolvency Arrangement (PIA). Finding that the Personal Insolvency Acts 2012 to 2015 did not envisage that the Personal I

A man who violently assaulted a two-year-old child by punching her in the head "with extreme force", has lost an appeal against the severity of his sentence. Finding that the starting-point of 16 years was "stiff but not manifestly excessive", Lord Chief Justice Morgan noted that the appellant had a

The Supreme Court has referred a question to the CJEU regarding the effect of Brexit on EU citizens who have been ordered for surrender to the UK. Delivering the judgment of the five-judge Court, Chief Justice Frank Clarke said that the issue raised by a man whose surrender had been ordered by the H

A firm of solicitors which is being sued for professional negligence has been refused an application to set aside an order renewing the plenary summons initiating the action against them. Finding that the main reason for the delay in the delivery of the Supreme Court, and accepting that the plaintif

A man who sought to appeal an order of costs made against him in the High Court in 2012, has been refused leave to appeal in the Supreme Court. The man sought to argue that the 33rd Amendment to the Constitution could be applied retrospectively as the issues were procedural in nature, however the fi

Asylum seekers may not be subjected to a psychological test in order to determine their sexual orientation, the Court of Justice of European Union (CJEU) has determined. The performance of such a test, the court said, amounts to a disproportionate interference in the private life of the asylum seeke

The mother of a child who has been habitually resident with her in Ireland since 2009 has been successful in the Court of Appeal, where it was determined that the Courts of Ireland have full and primary jurisdiction to make determinations with regard to all aspects of the child’s best interests an

ed surge in such applications coming from certain third countries which are thought to present real security concerns?

A woman who pleaded guilty to stealing over €460K when she took over the running of her ill husband’s business in 2010, has been successful in an appeal against the severity of her sentence. Suspending the final 6 months of the 18-month sentence, Justice Birmingham said that the powerful mitigat

The DPP has had its application to review the sentence given to a burglar with 103 convictions dismissed in the Court of Appeal. Delivering the judgment of the three-judge Court, Mr Justice Edwards was satisfied that the sentencing judge had not been unduly lenient in giving the man a sentence of th

Austrian privacy campaigner Max Schrems can bring an individual action in Austria against Facebook Ireland, the Court of Justice of the European Union (CJEU) has ruled. However, he cannot bring proceedings on behalf of seven other users in Austria, Germany and India who assigned him their claims for