Case Law

Case Law in the Republic of Ireland and Northern Ireland:

Court of Appeal: Accomplice in murder of homeless man in Newry has appeal dismissed

Court of Appeal: Accomplice in murder of homeless man in Newry has appeal dismissed

A woman who was convicted of the murder of a homeless man in Newry in 2009 has had her appeal dismissed by the Court of Appeal in Belfast. The woman contended that the trial judge had failed to give adequate direction on the effect of intoxication on her intent, and also sought leave to appeal […]

High Court: Preliminary issues raised by mother in custody dispute sought to blatantly disregard and defy orders made in US

High Court: Preliminary issues raised by mother in custody dispute sought to blatantly disregard and defy orders made in US

Preliminary issues raised by the mother of a child who was ordered to be returned to the US to live with her siblings and their father, have been rejected in the High Court. Criticising the woman for frustrating the litigation process, Ms Justice Reynolds stated that the reliefs claimed by the woman sought to “undermine […]

High Court refuses to grant AIB summary judgment for guarantee provided by ‘exploited’ partner

High Court refuses to grant AIB summary judgment for guarantee provided by ‘exploited’ partner

Allied Irish Bank has been unsuccessful in its application for a summary judgment for amounts owed under a guarantee provided by the partner of a man who did not explain to her what she was signing. Referring the matter to plenary hearing, Mr Justice Max Barrett stated that the Court could not properly conclude that […]

NI High Court: Sex offender refused leave to serve proceedings on Google

NI High Court: Sex offender refused leave to serve proceedings on Google

A man who was convicted of sexual offences as a minor, and who now has over 70 convictions, has been unsuccessful in his application to serve a writ of summons out of the jurisdiction on Google. Sitting in the High Court in Belfast, Lord Justice Stephens refused leave to serve notice of a writ of […]

Court of Appeal: Damages reduced in misuse of private information case against Facebook

Court of Appeal: Damages reduced in misuse of private information case against Facebook

Facebook has been successful in partially appealing a finding that it had misused private information in relation to the publication of the religion of a plaintiff’s three estranged children. Allowing the appeal, the Court of Appeal held that the publication of the children’s religion was a matter of their personal autonomy – the plaintiff had […]

NI Court of Appeal: Sexual offender successfully appeals indeterminate custodial sentence

NI Court of Appeal: Sexual offender successfully appeals indeterminate custodial sentence

The Court of Appeal has allowed an appeal against part of a sentence imposed on a man convicted of committing serious sexual offences on his sisters. Ruling that the sentence of 20 years’ imprisonment in respect of five counts of rape should remain in place, Lord Chief Justice Morgan took into consideration the decision in […]

High Court: Application for adoption finalised in the Philippines to be registered in Ireland refused

High Court: Application for adoption finalised in the Philippines to be registered in Ireland refused

A couple from the Philippines have been unsuccessful in their application to have their 22-year-old niece, adopted by them in 2011, to be registered in the Register of Intercountry Adoptions pursuant to Section 90(2) of the Adoption Act 2010. Refusing the application, Ms Justice Leonie Reynolds stated that the facts of the case had to […]

High Court: Digital rights group has application for preliminary ruling dismissed

High Court: Digital rights group has application for preliminary ruling dismissed

A digital privacy group has had its application for a preliminary ruling on the validity of domestic legislation refused in the High Court. Finding that the issues in the case were too complex to justify proceeding without evidence, Ms Justice Costello dismissed the notice of motion. Background Digital Rights Ireland Limited sought an order setting […]

Court of Appeal: Prison escapee’s return after five years ‘at large’ not unlawful

Court of Appeal: Prison escapee’s return after five years ‘at large’ not unlawful

Overturning a decision of the High Court, a three-judge Court of Appeal has found the arrest and detention of an escapee, five years after “walking out” of an open prison, to be in accordance with the law. Although the prisoner had not made any attempt to conceal his whereabouts throughout this time, and had not […]

High Court: Zurich joined as co-defendants in personal injury proceedings despite plaintiffs’ objections

High Court: Zurich joined as co-defendants in personal injury proceedings despite plaintiffs’ objections

Zurich have been successful in their application to be joined as co-defendants in personal injury proceedings, despite declining to insure the policy holder in the proceedings. Mr Justice Meenan rejected arguments put forward by the plaintiffs’ that there had to be exceptional circumstances for Zurich to be joined against their wishes, and was satisfied that […]