Case Law

Case Law in the Republic of Ireland and Northern Ireland:

Court of Appeal: Tribunal wrong to find nurse who used hospital inhaler was fairly dismissed

Court of Appeal: Tribunal wrong to find nurse who used hospital inhaler was fairly dismissed

A nurse summarily dismissed after using an inhaler she took from the medical cupboard on her ward has successfully appealed the finding that she was fairly dismissed. Delivering the majority judgment, Lord Justice Deeny held that her actions could not constitute “deliberate and wilful misconduct” justifying summary dismissal, the Industrial Tribunal had erred in law […]

Court of Appeal: Denis O’Brien refused order for identification of PR firm’s client

Court of Appeal: Denis O’Brien refused order for identification of PR firm’s client

Irish businessman Denis O’Brien, who has been involved in a long-running legal battle with public relations firm Red Flag, has lost his appeal for the discovery of the firm’s client. Mr Justice Sean Ryan, president of the Court of Appeal, stated that Mr O’Brien would have had a remedy if Red Flag had published the […]

High Court: Court rejects application brought against proposed Apple data centre in Athenry

High Court: Court rejects application brought against proposed Apple data centre in Athenry

Objectors’ application for an order of certiorari of the determination of An Bord Pleanála to grant planning permission for data centre has been rejected by the High Court. Finding that the appropriate Environmental Impact Statement had been carried out, Justice McDermott stated that it would have been wrong for the Board to embark on speculation […]

High Court: Debtor does not have locus standi to appeal application brought by personal insolvency practitioner

High Court: Debtor does not have locus standi to appeal application brought by personal insolvency practitioner

A debtor has had his appeal to the High Court dismissed in a preliminary hearing, on the basis that he did not have locus standi to appeal an application pursuant to the Personal Insolvency Acts 2012-2015, which was brought by a personal insolvency practitioner in the first instance. Finding in favour of Bank of Ireland […]

Children Court: Sentencing of boy for offences while in Special Care Unit not double penalty

Children Court: Sentencing of boy for offences while in Special Care Unit not double penalty

The defence team of a boy being sentenced for criminal damage and assault while detained, or about to be detained, in a Special Care Unit has unsuccessfully argued that convicting the boy of the charges would amount to a double penalty. Finding that the boy had a fair trial, Judge John O’Connor stated that a […]

High Court: Men accused of dissident attack on PSNI lose application for Sunday World to reveal source

High Court: Men accused of dissident attack on PSNI lose application for Sunday World to reveal source

Three men, accused of being connected to a gun attack on the Police Service of Northern Ireland in 2013, have had their application for an order compelling the Sunday World to reveal the name or status of the journalistic source who disclosed evidence to the newspaper refused in the High Court in Belfast. Dismissing a […]

Court of Appeal: Group owing nearly €700m to Deutsche Bank wins examinership appeal

Court of Appeal: Group owing nearly €700m to Deutsche Bank wins examinership appeal

A group of seven companies with a combined debt to Deutsche Bank AG of approximately €698m, has been successful in its application for an examiner to be appointed pursuant to s. 509(1) of the Companies Act 2014. Overturning the decision of the High Court to refuse the application, the Court of Appeal was unanimous in […]

High Court: Solicitor’s appeal against disciplinary tribunal struck out for want of jurisdiction

High Court: Solicitor’s appeal against disciplinary tribunal struck out for want of jurisdiction

An appeal brought to the High Court by a solicitor facing allegations of misconduct before the Solicitors Disciplinary Tribunal (SDT) has had his appeal struck out in limine. Acceding to the application by the Law Society of Ireland, Mr Justice Kelly, President of the High Court, found that the appeal against the SDT’s determination that […]

High Court: Use of the same RI for court proceedings and defence consultations does not breach defendant’s rights

High Court: Use of the same RI for court proceedings and defence consultations does not breach defendant’s rights

A defendant in a criminal trial described as “deaf and effectively mute” has had his application for Judicial Review of a decision of the Department of Justice for Northern Ireland dismissed in the High Court. Accepting that Registered intermediaries (RIs) were subject to legal professional privilege, Lord Justice Weatherup upheld the decision of the DOJ […]

NI Court of Appeal: Man with UVF links loses harassment case against the Sunday World newspaper

NI Court of Appeal: Man with UVF links loses harassment case against the Sunday World newspaper

A man who was identified as having links with the UVF, and as being involved in “punishment attacks” in the Village area of South Belfast, has had his case against the Sunday World dismissed by the Court of Appeal. Agreeing with the trial judge’s finding that the newspaper had satisfied all aspects of responsible journalism […]