Case Law

Case Law in the Republic of Ireland and Northern Ireland:

NI High Court: Somalian man whose asylum was revoked is refused leave to review deportation order

NI High Court: Somalian man whose asylum was revoked is refused leave to review deportation order

A man who was granted asylum in 2008, but had his asylum status revoked upon being found guilty of false imprisonment and sexual assault; has had his application for leave to apply for judicial review decisions regarding his deportation order refused in the High Court of Justice in Northern Ireland. Mr Justice Adrian Colton stated […]

Advocate General Sharpston clarifies ’emanation of the state’ criteria for certain claims

Advocate General Sharpston clarifies ’emanation of the state’ criteria for certain claims

Advocate General Sharpston has clarified the criteria for determining an “emanation of the state” for the purposes of establishing the bodies against which an individual may bring a claim based on rights under an EU directive which has not been transposed correctly into national law. The concept of an ‘emanation of the State’ must be […]

Supreme Court: Polygamous marriages not valid under Irish law

Supreme Court: Polygamous marriages not valid under Irish law

A man who married two women in Lebanon, before seeking asylum in Ireland, has been granted a declaration that the marriage to his first wife in 1975 was valid as of the date of its inception. The issue regarding the first marriage arose because the man’s second wife was granted asylum on the basis that […]

High Court: Further submissions to be heard on proposed confidentiality agreement in vaccine personal injury case

High Court: Further submissions to be heard on proposed confidentiality agreement in vaccine personal injury case

A woman who has commenced personal injury proceedings against the Health Service Executive and a pharmaceutical company responsible for distributing a swine flu vaccine in Ireland has had the majority of her categories of discovery refused pursuant to the principles established in Framus v. CRH plc [2004] 2 IR 20. Declining to order discovery of all […]

NI Court of Appeal: Extern employee loses appeal against employment tribunal

NI Court of Appeal: Extern employee loses appeal against employment tribunal

An employee of Extern Organisation Limited has lost his appeal against a decision by a Fair Employment Tribunal, which had dismissed his claim for discrimination on the grounds of political opinion. Giving the judgment of the Court, Lord Chief Justice Declan Morgan found that the Tribunal had properly directed itself in the law and its findings were well within the […]

Russian anti-gay legislation violates ECHR

Russian anti-gay legislation violates ECHR

Legislation in Russia banning the promotion of homosexuality breaches freedom of expression and is discriminatory, the European Court of Human Rights has ruled. Three gay rights activists complained about legislation in Russia banning the promotion of homosexuality, also known as the “gay propaganda law”. In a series of legislative acts – most recently in 2013 – “promoting […]

Court of Appeal: Farmer who carried out sub-standard works on his home is liable for visitor’s injury

Court of Appeal: Farmer who carried out sub-standard works on his home is liable for visitor’s injury

A woman who lost one eye when the glass panel of a door shattered, and a shard went into her eye, has been awarded €200,000 in the Court of Appeal. The issue before the Court was an assessment of the duty of care owed by an occupier of premises to a visitor where they personally take on […]

Supreme Court: Order prohibiting Shell from entering lands not rendered moot by acquiring share of land

Supreme Court: Order prohibiting Shell from entering lands not rendered moot by acquiring share of land

A Rossport resident and co-owner of land which Shell was prohibited from entering pursuant to a District Court Order made in 2007, has successfully appealed the High Court finding that the company’s acquisition of a 1/62nd share of the land rendered the Prohibition Order moot. Concluding that Shell was guilty of civil contempt, Ms Justice […]

Luxembourg: Facilitating sharing of copyrighted works may constitute infringement

Luxembourg: Facilitating sharing of copyrighted works may constitute infringement

Making available and managing an online platform for sharing copyright-protected works, such as ‘The Pirate Bay’, may constitute an infringement of copyright because the operators of that platform play an essential role in making those works available, the Court of Justice of the European Union (CJEU) has ruled. Ziggo and XS4ALL are internet access providers. A […]

NI Court of Appeal: Driver refused leave to appeal conviction after victim claimed paralysis was caused by medical negligence

NI Court of Appeal: Driver refused leave to appeal conviction after victim claimed paralysis was caused by medical negligence

A man given a suspended sentence after pleading guilty to one count of causing grievous bodily harm by driving a motor car without due care and attention has had his application for leave to appeal refused by the Court of Appeal, after it was found the injuries other than the paralysis amounted to ‘grievous bodily […]