Case Law

Case Law in the Republic of Ireland and Northern Ireland:

NI High Court: Strasbourg does not recognise a ‘right’ to same sex marriage

NI High Court: Strasbourg does not recognise a ‘right’ to same sex marriage

An application for judicial review by two same-sex couples was dismissed on the basis that the Strasbourg Court does not recognise a right to same-sex marriage, with Justice O’Hara stating that he was bound by the Ullah principle. Sympathising with the applicants, Justice O’Hara stated that he hoped the Northern Ireland Assembly would consider the […]

High Court: Challenge to North-South 400 kilovolt Interconnector rejected

High Court: Challenge to North-South 400 kilovolt Interconnector rejected

The pressure group set up to contest the grant of planning approval for 300 pylons from Tyrone to Meath have had their challenge dismissed in the High Court. Dismissing the application which involved 16 reliefs being sought, Mr Justice Max Barrett sympathised with the applicants but stated that the Court was “coerced as a matter […]

High Court: Former member of An Garda Síochána awarded €50,000 for assault on duty

High Court: Former member of An Garda Síochána awarded €50,000 for assault on duty

Pursuant to the An Garda Síochána (Compensation) Act 1941-1945, a former Garda has been awarded €50,000 compensation for injuries sustained while arresting a woman in Dublin in 2003. Sitting in the High Court, Mr Justice Bernard Barton was satisfied that the medical evidence submitted on behalf of the applicant showed that ongoing symptoms were caused […]

High Court: Council must reconsider woman’s application to sell ex-council house

High Court: Council must reconsider woman’s application to sell ex-council house

A woman who bought her home from the council in 2005 has been granted an order of certiorari quashing the decision of Meath County Council, which refused her permission to sell her home and relocate now that her children have grown up and moved out. Directing the Council to reconsider the woman’s application, Mr Justice […]

High Court: Damages totalling €52k awarded against Hertz in claim regarding crashed rented car

High Court: Damages totalling €52k awarded against Hertz in claim regarding crashed rented car

Seven plaintiffs have been awarded a total of €52k for injuries arising out of a two car collision involving a car owned by Hertz Rent-a-Car. Hertz contended that the collision was a “set up”, based on the plaintiffs’ membership of the same “republican” society, and the jovial nature with which the drivers of the car […]

Court of Appeal: Man sentenced to five-years for possession of explosives and ammunition loses appeal

Court of Appeal: Man sentenced to five-years for possession of explosives and ammunition loses appeal

A 22-year-old man who was sentenced to a term of five-years’ imprisonment for possession of explosives and ammunition has lost an appeal against his conviction and sentence in the Court of Appeal in Belfast. Applying the approach in R v Pollock, Lord Justice Weatherup found that the convictions were safe; and further rejected all grounds […]

High Court: Doctrine of restraint of trade cannot apply to successors in title of land in Co Derry

High Court: Doctrine of restraint of trade cannot apply to successors in title of land in Co Derry

The successors in title of land subject to a negative covenant contained in a lease agreed to in 1981 have had their application for a declaration that the covenant was unlawful refused in the High Court in Belfast. Finding that the application of the doctrine of restraint of trade to successors in title would “cause […]

High Court: ‘Dishonest blusterer’ in breach of his legal and statutory duty as executor of his father’s estate

High Court: ‘Dishonest blusterer’ in breach of his legal and statutory duty as executor of his father’s estate

A man who disposed of upwards of £76,000 from his father’s estate while acting as executor has been found by the High Court in Belfast in breach of his legal and statutory duty as an executor, and guilty of devastivit in carrying out his role as executor of the estate of the deceased. Referring the […]

High Court: Tent-dwelling single mother refused order quashing decision to end emergency accommodation

High Court: Tent-dwelling single mother refused order quashing decision to end emergency accommodation

A woman who has been living in a tent outside the offices of Carlow County Council has had her application for judicial review of council decisions refused by the High Court. Finding that the council had discretion under the Housing Act 1988, Mr Justice Meenan was satisfied that the decision to refuse further emergency accommodation […]

NI High Court: Failure to recognise same-sex marriage does not violate human rights

NI High Court: Failure to recognise same-sex marriage does not violate human rights

A man who sought a declaration that his marriage in London was valid under the law of Northern Ireland has had his application refused by Mr Justice O’Hara, sitting in the High Court in Belfast. Finding that the recognition of his marriage as a civil partnership in Northern Ireland was not a violation of his […]