Case Law

Case Law in the Republic of Ireland and Northern Ireland:

High Court: ‘Dishonest blusterer’ in breach of his legal and statutory duty as executor of his father’s estate

High Court: ‘Dishonest blusterer’ in breach of his legal and statutory duty as executor of his father’s estate

A man who disposed of upwards of £76,000 from his father’s estate while acting as executor has been found by the High Court in Belfast in breach of his legal and statutory duty as an executor, and guilty of devastivit in carrying out his role as executor of the estate of the deceased. Referring the […]

High Court: Tent-dwelling single mother refused order quashing decision to end emergency accommodation

High Court: Tent-dwelling single mother refused order quashing decision to end emergency accommodation

A woman who has been living in a tent outside the offices of Carlow County Council has had her application for judicial review of council decisions refused by the High Court. Finding that the council had discretion under the Housing Act 1988, Mr Justice Meenan was satisfied that the decision to refuse further emergency accommodation […]

NI High Court: Failure to recognise same-sex marriage does not violate human rights

NI High Court: Failure to recognise same-sex marriage does not violate human rights

A man who sought a declaration that his marriage in London was valid under the law of Northern Ireland has had his application refused by Mr Justice O’Hara, sitting in the High Court in Belfast.Finding that the recognition of his marriage as a civil partnership in Northern Ireland was not a violation of his rights […]

Court of Appeal: Challenge to the enforcement of deportation struck out for want of jurisdiction

Court of Appeal: Challenge to the enforcement of deportation struck out for want of jurisdiction

A man who sought to restrain the enforcement of a deportation order made against him, pending the outcome of an application to revoke the order based on him being the father of an EU citizen child, has had his case struck out of the Court of Appeal for want of jurisdiction. Delivering the judgment of […]

Court of Appeal: Department of Environment must reconsider whether to issue Stop Notice on Lough Neagh sand extraction

Court of Appeal: Department of Environment must reconsider whether to issue Stop Notice on Lough Neagh sand extraction

In the Court of Appeal in Belfast, Friends of the Earth Limited successfully appealed against the dismissal of their application for Judicial Review. The application was in relation to a decision of the Department of the Environment refusing to issue a Stop Notice to the owners of the bed of Lough Neagh and several businesses […]

High Court: Cyclist knocked down on way to work awarded £230,000

High Court: Cyclist knocked down on way to work awarded £230,000

A woman who was knocked off her bicycle while cycling to work in Belfast has been awarded £230,000 in the High Court. The woman was described to have had an active lifestyle before the accident, which left her with chronic pain to the extent that she could only work part time and had to forgo […]

High Court: Government’s order directing the €4bn “stabilisation” of Irish Life not unreasonable

High Court: Government’s order directing the €4bn “stabilisation” of Irish Life not unreasonable

The High Court has ruled that the Government’s €4 billion recapitalisation of Irish Life was not unreasonable, pursuant to the Credit Institutions (Stabilisation) Act 2010. Dismissing an application which sought to set aside the direction order, Ms Justice Iseult O’Malley noted that the order was “radical” but that the applicants had failed to demonstrate that […]

Court of Appeal: Mandatory minimum sentencing for firearms offences not unconstitutional

Court of Appeal: Mandatory minimum sentencing for firearms offences not unconstitutional

A man who had his sentence reviewed from a wholly suspended sentence, to a five-year term of imprisonment pursuant s. 27A (8) of the Firearms Act 1964 has had his constitutional challenge to the legislation dismissed on appeal. Delivering the judgment of the three-judge Court, Mr Justice Birmingham agreed with the reasoning of the High Court that the Oireachtas should […]

Supreme Court: Cessation of state pension payments to prisoners unconstitutional

Supreme Court: Cessation of state pension payments to prisoners unconstitutional

A prisoner who argued that the cessation of his state pension payments from the date of his detention was unconstitutional has successfully appealed his case in the Supreme Court. Finding that the statutory provision which disqualified prisoners from receiving such a benefit was contrary to the separation of powers principle, Mr Justice John MacMenamin stated […]

High Court: Appeals committee erred in taking personal circumstances into account

High Court: Appeals committee erred in taking personal circumstances into account

The Board of Management of a secondary school in Athenry have been granted an order of certiorari, quashing the decision of an appeals committee which had directed the school to admit a pupil contrary to its enrolment policies. Ms Justice Úna Ní Raifeartaigh found that the committee had erred in considering personal circumstances in the […]