Case Law

Case Law in the Republic of Ireland and Northern Ireland:

High Court: Woman who accused former tenants of child abuse covered by qualified privilege

High Court: Woman who accused former tenants of child abuse covered by qualified privilege

A woman who reported her former tenants to Tusla and to the Early Intervention Team at the HSE has successfully defended a defamation action against her, which was brought by her former tenants after an investigation into alleged violent behaviour towards their children was concluded in their favour. Finding that the woman could rely on […]

High Court: Woman who had swab left in situ after giving birth is awarded €40,000

High Court: Woman who had swab left in situ after giving birth is awarded €40,000

A woman who had a swab left in situ after giving birth in Cavan General Hospital has been awarded €40,160 in the High Court. The woman alleged to have suffered physical and psychiatric injuries as a result of the hospital’s mistake, which caused her to be unwell at a time when her new-born son was […]

Supreme Court: Doctor convicted of indecent assault has conviction quashed

Supreme Court: Doctor convicted of indecent assault has conviction quashed

A doctor who was convicted of indecent assault of a patient when she was a teenager in 1989 has had his conviction quashed by the Supreme Court. Delivering the judgment of the five-judge Court, Ms Justice Iseult O’Malley said that it was not possible to discount the real possibility that the jury drew an adverse […]

Court of Appeal: Garda under investigation for using discriminatory language loses challenge to investigation

Court of Appeal: Garda under investigation for using discriminatory language loses challenge to investigation

A member of An Garda Síochána who has been suspended from operational duties while on 90 per cent pay due to an incident involving a foreign national in custody has lost an appeal against the continuation of disciplinary proceedings against him. Finding that the Garda authorities were not precluded from the commencement of disciplinary proceedings […]

ECtHR: Application to revise ‘Hooded Men’ judgment is dismissed

ECtHR: Application to revise ‘Hooded Men’ judgment is dismissed

An application brought by the Government of Ireland to revise the Ireland v United Kingdom ruling delivered in 1978 has been dismissed by the European Court of Human Rights. The request, based on two grounds of revision, was dismissed by 6-1, with Irish judge Síofra O’Leary providing a dissenting opinion in which she said that […]

Supreme Court: Placing deportation notice on file was not ‘service by registered post’

Supreme Court: Placing deportation notice on file was not ‘service by registered post’

The Supreme Court has held that in circumstances where an applicant seeking asylum has not provided an address, placing a deportation notice on file does not constitute “service by registered post at the last known address” for the purposes of the Immigration Act 1999. Criticising the applicant’s “reprehensible behaviour” for evading any engagement with the […]

High Court: Determination on surrender of accused to Poland referred to CJEU due to rule of law concerns

High Court: Determination on surrender of accused to Poland referred to CJEU due to rule of law concerns

The High Court has referred two questions for determination to the CJEU, based on the finding that there has been a systemic breach to the rule of law in Poland. Stating that the recent legislative changes in Poland had an impact on fair trial rights, and were in breach of Article 2 of the Treaty […]

Supreme Court: Danske Bank able to proceed with unjust enrichment claim against man who lodged bad cheque

Supreme Court: Danske Bank able to proceed with unjust enrichment claim against man who lodged bad cheque

A man who lodged a cheque to Danske Bank, which was dishonoured after he obtained a draft of €63,000 from the account in which he had lodged it, has lost an appeal against an order permitting the planitiff to amend their statement of claim to include an affidavit supporting damages for unjust enrichment. Finding that […]

High Court: Wind Farm company refused judicial review of An Bord Pleanála decision

High Court: Wind Farm company refused judicial review of An Bord Pleanála decision

A company which was refused planning permission for one of the tallest windfarms in the country, has been unsuccessful in its application for judicial review of the decision of An Bord Pleanála. In the High Court, Mr Justice Twomey refused to grant the applicants an order for certiorari of the Board’s decision despite the alleged […]

Supreme Court: Failure to give prior notice of evidence deprived man of fair trial

Supreme Court: Failure to give prior notice of evidence deprived man of fair trial

A man who was convicted of burglary has had his conviction quashed by the Supreme Court, on the basis that he had been deprived of a fair trial. Allowing the appeal, Justice Iseult O’Malley said that the defence was entitled to notice of the DPP’s evidence, and that “course taken by the prosecution in this […]