Case Law

Case Law in the Republic of Ireland and Northern Ireland:

High Court: Solicitor made redundant by ByrneWallace has application for injunction rejected

High Court: Solicitor made redundant by ByrneWallace has application for injunction rejected

A solicitor who applied to the High Court for an injunction restraining ByrneWallace from dismissing him from his position as an associate solicitor, and for an order that ByrneWallace continue to pay his salary and other emoluments pending the trial of the action, has had his application rejected by the High Court. Ms Justice Baker […]

Court of Appeal: Damages halved for driver who injured elbow in car park accident

Court of Appeal: Damages halved for driver who injured elbow in car park accident

A woman who was awarded €121k for injuries sustained when another driver backed into the side of her car has had her award of damages reduced to €69k in the Court of Appeal. Delivering the judgment of the Court, Ms Justice Irvine found that the amount awarded was excessive to the point that it must […]

High Court: Defendant must obtain and supply documents from data protection request

High Court: Defendant must obtain and supply documents from data protection request

A man accused of breaching the terms of his contract with his former employer, by “assisting recruitment” and supplying confidential information to the company he moved to, has been ordered to make discovery of all documents “reasonably available to him by means of a data subject access request”. In a judgment raising the “novel question […]

High Court: Courts should not tolerate legal quackery adopted by pressure groups

High Court: Courts should not tolerate legal quackery adopted by pressure groups

Bank of Ireland Mortgage Bank has been granted summary judgment for €90K against a couple who defaulted on their mortgage payments and ultimately had their property sold. In a judgment which was heavily critical of the legal quackery espoused by pressure groups which had clearly drafted the affidavits of the defendant in the case, Mr […]

High Court: Dunnes Stores failed to establish strong case in application for injunctions against receiver

High Court: Dunnes Stores failed to establish strong case in application for injunctions against receiver

In a dispute over a “set-off arrangement” to which Dunnes Stores was a party, the High Court has held that Dunnes has failed to establish a “strong case” in order to be granted injunctions pending the substantive proceedings. The lease In April 2000 Dunnes Stores took the ‘Anchor Lease’ in Ashleaf Shopping Centre in Crumlin […]

High Court: Interim ruling made regarding repossession order questions for referral to Court of Appeal

High Court: Interim ruling made regarding repossession order questions for referral to Court of Appeal

The High Court has suggested referring questions regarding repossession orders to the Court of Appeal, in a case which could potentially impact “many hundreds of other cases” and was therefore of considerable public importance. Proposing four questions which could be considered, Mr Justice Noonan was concerned that the transfer process was possibly “unprecedented” and gave […]

High Court: Offence of failing to disclose information is unconstitutional

High Court: Offence of failing to disclose information is unconstitutional

A man who exercised his right to remain silent while being interrogated for murder in 2007 has successfully challenged the constitutionality of s. 9(1)(b) of the Offences Against the State (Amendment) Act 1998 – with which he was charged for failing to disclose information regarding the murder for which he was arrested. In the High […]

High Court: Dublin Airport Authority’s failure to comply with planning condition was genuine mistake

High Court: Dublin Airport Authority’s failure to comply with planning condition was genuine mistake

A group of residents, who sought declarations that work carried out by Dublin Airport Authority in preparation for a new runway was unauthorised development, have lost their application in the High Court. Sympathising with the applicants’ concerns, Mr Justice Max Barrett accepted that removal of asbestos from the site was carried out a number of […]

Supreme Court: Property developer loses appeal against order for specific performance and damages

Supreme Court: Property developer loses appeal against order for specific performance and damages

A property developer who had an order of specific performance and damages in excess of €300,000 made against him has lost his appeal to the Supreme Court. Delivering the unanimous judgment, Ms Justice Iseult O’Malley was satisfied that the trial judge had not erred on the facts or the law; and held that where all […]

Court of Appeal: Refugee Appeals Tribunal breached European Regulations by not evaluating all relevant documents

Court of Appeal: Refugee Appeals Tribunal breached European Regulations by not evaluating all relevant documents

An asylum seeker who had adverse credibility findings against him in the Refugee Appeal Tribunal has been granted an order of certiorari, quashing the Tribunal’s decision. Overturning the decision of the High Court to uphold the Tribunal’s findings, the Court of Appeal found that, in making an assessment as to credibility based upon some of […]