Case Reports

The Chief Constable of the PSNI has lost an appeal against the decision that the brother of a 13-year-old boy who was murdered in 1976 had a legitimate expectation that an overarching investigation into collusion would be carried out by an independent police team. Stating that it was the Chief Const

A property developer who was ordered to pay €76K to a firm of solicitors on foot of a summary summons for professional fees owed has successfully appealed the summary judgment granted against him in the High Court in 2013. Finding that the trial judge erred in concluding that two of the issues

The Electricity Supply Board have been granted an order directing a property arbitrator to state a case on a point of law to the High Court. Finding that the question raised by ESB regarding landowners being “doubly compensated” for the construction of electric lines was a "real and sign

A man who was awarded €96,403 in personal injury proceedings against Tallaght Hospital has had his award upheld by the Supreme Court. The hospital argued that the claim was statute barred in circumstances where the hospital’s omission to carry out a CT scan occurred in 2007, and the perso

A woman who was fifteen when she is alleged to have been involved in a violent attack in which a seventeen-year-old boy was stabbed and beaten, has failed to halt the further prosecution of criminal charges pending against her. Finding that there was no culpable or blameworthy prosecutorial delay, M

A man convicted of sexually assaulting a woman who was sleeping at a house party has lost his challenge to the decision taken by the Minister for Justice and Equality to make a removal order against him in addition to imposing on him a five year exclusion period. The man had moved to Ireland in 2005

Two former Independent News and Media directors who are pursuing litigation against the company have been granted an order permitting them to use affidavit evidence which had been furnished to them in relation to proceedings between INM and the Director of Corporate Enforcement. Finding, inter alia,

A man who entered into an agreement with his parents in 1996 wherein he purchased a house for them through a tenant scheme, has lost his application to strike out proceedings brought against him by his sister.  The man’s sister is seeking to set aside the conveyance of the house to him in

A woman who was refused refugee status and declared ineligible for subsidiary protection has lost an application for judicial review of an International Protection Appeals Tribunal decision. Finding that the risk of prosecution for “irregular exit” from Algeria did not amo

The High Court has made an order for the return of two children who were wrongfully removed from Canada without their father’s consent in February 2019. Rejecting all of the individual objections raised by the children’s mother, Ms Justice Aileen Donnelly said none of

A convicted murderer who was sanctioned upon the discovery of a knife and a bag of razor blades in his cell has lost an application for judicial review of decisions made during the disciplinary process. Refusing the application, Ms Justice Miriam O’Regan found no breach of fair procedure on th

A man who was dismissed via email and met by Gardai when he returned to work the following day has been awarded €21,050 in compensation for unfair dismissal and technical breaches of employment legislation. Finding that the man’s dismissal was procedurally fatally flawed, Adjudicatio

A woman who claimed to have a well-founded fear of persecution on the ground of her religion if returned to Nigeria has lost her application for judicial review of the decision that she should not be declared a refugee. Upholding, inter alia, the finding that there was adequate state protection avai

The High Court has refused to grant an order for the surrender of a man to Poland pursuant to a European Arrest Warrant issued in 2018. In 2013, the High Court had refused surrender when considering a warrant issued in 2010 for the same offences.

The Court of Appeal in Belfast has held that PSNI officers can pursue claims for holiday pay from the date of commencement of the Working Time Regulations (NI) 1998, and are not confined to a three-month limitation. Finding that the officers were “workers” for the purposes of EU Communit