Case Law

Case Law in the Republic of Ireland and Northern Ireland:

High Court: Independent expert must oversee discovery in dispute over 2011 Irish Presidential election

High Court: Independent expert must oversee discovery in dispute over 2011 Irish Presidential election

In the ongoing dispute between former Presidential candidate Mr Sean Gallagher and Raidió Teilifís Éireann, the High Court has granted RTÉ an order for an independent expert to oversee the discovery process, after Mr Gallagher failed to comply with the discovery order made in his action against RTÉ. The High Court RTÉ applied for Mr […]

High Court: Writer loses negligence case against solicitor instructed in claim against Roddy Doyle and the Abbey Theatre

High Court: Writer loses negligence case against solicitor instructed in claim against Roddy Doyle and the Abbey Theatre

A writer has lost a High Court action alleging negligence and other unlawful conduct against a solicitor he instructed in protracted proceedings against Roddy Doyle and the Abbey Theatre. Finding that there was no causal link between the professional losses suffered by the writer and the actions of his former solicitor; Mr Justice Colm MacEochaidh described the man’s actions as an abuse […]

High Court: Man surrendered to Spain on drugs charges after unsuccessful challenge to European Arrest Warrant

High Court: Man surrendered to Spain on drugs charges after unsuccessful challenge to European Arrest Warrant

The High Court has ordered the surrender of a man to Spain on foot of a European Arrest Warrant, after all of the grounds upon which he sought to challenge the legality of the warrant were rejected. Ms Justice Aileen Donnelly was satisfied that minor errors present in the warrant as a result of translation, did not amount […]

Court of Appeal: Guarantee provided by farmer for son’s €1m loan upheld

Court of Appeal: Guarantee provided by farmer for son’s €1m loan upheld

A man who provided two separate guarantees for his son’s loans in excess of €1m has lost his appeal against a High Court order granting a summary judgment in favour of the crediting bank. The man submitted that the bank failed to take steps to ensure that, as guarantor, he freely consented to the guarantee; […]

High Court: Dublin Council ordered to pay €60k to jogger who tripped on hole in footpath

High Court: Dublin Council ordered to pay €60k to jogger who tripped on hole in footpath

A man who fractured his knuckle after tripping on a footpath while jogging has been awarded €60,000 in damages after it was found in the High Court that South Dublin County Council breached the common duty of care it owed to the man by failing to repair the footpath. Included in the award made by […]

High Court: Man awarded €650k for injuries sustained while working in plant

High Court: Man awarded €650k for injuries sustained while working in plant

A 59-year-old man has been awarded €675,116.72 in damages by the High Court after an accident at work which caused him serious injuries. The defendant company accepted liability for the accident, but since it had created a non-physical job for the man to return to after he recovered from his accident there was a dispute […]

High Court: Woman who broke ankle at rugby club fundraiser has personal injury claim dismissed

High Court: Woman who broke ankle at rugby club fundraiser has personal injury claim dismissed

A woman who broke her ankle on a night out at a Wexford rugby club fundraiser has had her action against the club dismissed by the High Court. Mr Justice Barr questioned the demeanour of the woman as a witness, and criticised the woman for withholding evidence from her own expert witness – stating that […]

Inquest finds 15-year-old Manus Deery was totally innocent victim killed by soldier in 1972

Inquest finds 15-year-old Manus Deery was totally innocent victim killed by soldier in 1972

An inquest into the death of 15-year-old Manus Deery, who was shot and killed by a soldier in Derry in 1972, has found that Manus was a totally innocent victim and that in any event, the shot fired was unjustified. Background Manus Deery died on 19 May 1972 aged 15 as a result of injuries […]

Court of Appeal: Comparative advertising used by Dunnes Stores not in breach of EU Regulations

Court of Appeal: Comparative advertising used by Dunnes Stores not in breach of EU Regulations

Dunnes Stores has successfully appealed a decision of the High Court which found that its comparative advertising directed towards products trademarked by Aldi Stores (Ireland) Ltd, was in breach of EU Regulations. The Court of Appeal ruled that the trial judge had erred in interpreting the regulations, and that the injunctive relief granted to Aldi […]

Russians suffered article 2 violations over Beslan failings, rules Strasbourg

Russians suffered article 2 violations over Beslan failings, rules Strasbourg

Russian nationals who had either been taken hostage and/or injured during the Beslan massacre and their families as well as those of the dead suffered violations of their article 2 rights. The case concerned the September 2004 terrorist attack on a school in Beslan, North Ossetia (Russia). For over fifty hours heavily armed terrorists held […]