Case Law

Case Law in the Republic of Ireland and Northern Ireland:

Supreme Court: Price Waterhouse Cooper granted leave to appeal order for particulars in Quinn Insurance case

Supreme Court: Price Waterhouse Cooper granted leave to appeal order for particulars in Quinn Insurance case

Price Waterhouse Cooper have been granted leave to appeal the decision of the Court of Appeal, which had limited the extent of particulars to be provided by Quinn Insurance Limited (Under Administration) in their action for damages. In proceedings involving an allegation of up to €800m in damages suffered by QIL, Justice O’Donnell was satisfied that the case presented a […]

Supreme Court: European Regulations did not guarantee fair procedures

Supreme Court: European Regulations did not guarantee fair procedures

State Authorities have lost an appeal against an order of certiorari, quashing a determination of the Sea Fisheries Authority, which had held that a fishing company had seriously infringed the regime established under the Common Fisheries Policy. In accordance with a companion case in which it was found that the European (Common Fisheries Policy) (Point System) Regulations 2014 were invalid; Justice O’Donnell stated that […]

Supreme Court: Circuit Court has jurisdiction to make possession orders

Supreme Court: Circuit Court has jurisdiction to make possession orders

Permanent TSB plc has successfully appealed a finding which held that the Circuit Court did not have jurisdiction to make possession orders in relation to 6 properties on which mortgage payments had been defaulted. Giving the unanimous judgment of the five-judge Supreme Court, Chief Justice Clarke held that the Circuit Court had jurisdiction to entertain possession proceedings in […]

High Court: Plaintiff granted ‘unusual application’ for discovery of defendant’s medical records

High Court: Plaintiff granted ‘unusual application’ for discovery of defendant’s medical records

A 22-year-old woman seeking damages from her grandparents for sexual assaults she suffered at the hands of her grandfather while in their care has been granted an application for discovery of his psychiatric records. The woman has also been granted discovery of conveyancing documents for three properties which allegedly show the grandparents’ intention to defeat […]

CJEU clarifies validity of decisions to expel third-country nationals

CJEU clarifies validity of decisions to expel third-country nationals

A decision may not be adopted to expel a third-country national who is a long-term resident for the sole reason that he or she has been sentenced to a term of imprisonment of more than one year, the Court of Justice of the European Union has ruled. A Colombian national, who was granted a long-term […]

High Court: Opportunistic plaintiff has sixth personal injury claim dismissed

High Court: Opportunistic plaintiff has sixth personal injury claim dismissed

A man who sought to claim damages of up to €60,000 for personal injuries in a case that was described “at best an exaggerated claim and at worst an opportunistic attempt to manufacture a personal injury claim against an innocent motorist”, has had his appeal to the High Court dismissed. Agreeing with the finding of […]

NI Industrial Tribunal: Man excluded from enhanced severance package suffered age discrimination

NI Industrial Tribunal: Man excluded from enhanced severance package suffered age discrimination

A 66-year-old man who was employed as a machine operator for Gallaher Limited from October 1998 until its Ballymena factory closed this year claimed he was discriminated on the grounds of his age. Rejecting the argument put forward by Gallaher Ltd that the means adopted were proportionate and necessary to achieve a legitimate aim, the […]

ECJ: Suppliers of luxury goods can prohibit sales on third-party platforms

ECJ: Suppliers of luxury goods can prohibit sales on third-party platforms

A supplier of luxury goods can prohibit its authorised distributors from selling those goods on a third-party internet platform such as Amazon and this does not, in principle, go beyond what is necessary to preserve the luxury image of the goods. Coty Germany sells luxury cosmetic goods in Germany. In order to preserve its luxury […]

Court of Appeal: Man has sexual assault conviction quashed

Court of Appeal: Man has sexual assault conviction quashed

A man who was convicted of two counts of sexual assault on a child under 13 contrary to Article 14 of the Sexual Offences (Northern Ireland) Order 2008 has successfully appealed his conviction. Giving the judgment of the three-judge Court, Stephens LJ stated that there was a failure on the part of the prosecution to […]

High Court: Labourer who broke ankle at property rented from Sligo Council is awarded over €100k

High Court: Labourer who broke ankle at property rented from Sligo Council is awarded over €100k

A man described as someone who worked in manual labouring jobs all his life, and who broke his ankle on the front porch of a house he rented from Sligo County Council, has been awarded €105,650 in damages. Mr Justice Barr accepted the evidence of the man’s engineer that the tiles used on the front […]