Case Law

Case Law in the Republic of Ireland and Northern Ireland:

Supreme Court: Inheritance dispute arising from death of father in 1965 is dismissed

Supreme Court: Inheritance dispute arising from death of father in 1965 is dismissed

A man who sought to challenge issues of his inheritance by way of judicial review has had his appeal to the Supreme Court dismissed. Patrick Reen argued that the public house which had been established by his great-grandfather in 1860 should have been inherited by him in turn, like his father and grandfather – however […]

Supreme Court: Farmer awarded €300k plus interest for seizure of cattle in 2006

Supreme Court: Farmer awarded €300k plus interest for seizure of cattle in 2006

A farmer who bought an action against the Minister for Agriculture, Fisheries and Food for breach of contract has been awarded €299,320 in the Supreme Court. The department had failed to return cattle which had been seized in March 2006, after an agreement with the farmer – and the original sum awarded by the High […]

UK Supreme Court: DPP accurately considered interests of justice in deciding not to resentence dishonest witnesses

UK Supreme Court: DPP accurately considered interests of justice in deciding not to resentence dishonest witnesses

The UK Supreme Court has allowed an appeal by the Director of Public Prosecutions against the finding of the High Court in Northern Ireland that the DPP’s decision not to remit dishonest witnesses for re-sentencing was contrary to the interests of justice. Overturning the High Court’s finding that the matter of sentencing should be remitted […]

Court of Appeal: Tribunal wrong to find nurse who used hospital inhaler was fairly dismissed

Court of Appeal: Tribunal wrong to find nurse who used hospital inhaler was fairly dismissed

A nurse summarily dismissed after using an inhaler she took from the medical cupboard on her ward has successfully appealed the finding that she was fairly dismissed. Delivering the majority judgment, Lord Justice Deeny held that her actions could not constitute “deliberate and wilful misconduct” justifying summary dismissal, the Industrial Tribunal had erred in law […]

Court of Appeal: Denis O’Brien refused order for identification of PR firm’s client

Court of Appeal: Denis O’Brien refused order for identification of PR firm’s client

Irish businessman Denis O’Brien, who has been involved in a long-running legal battle with public relations firm Red Flag, has lost his appeal for the discovery of the firm’s client. Mr Justice Sean Ryan, president of the Court of Appeal, stated that Mr O’Brien would have had a remedy if Red Flag had published the […]

High Court: Court rejects application brought against proposed Apple data centre in Athenry

High Court: Court rejects application brought against proposed Apple data centre in Athenry

Objectors’ application for an order of certiorari of the determination of An Bord Pleanála to grant planning permission for data centre has been rejected by the High Court. Finding that the appropriate Environmental Impact Statement had been carried out, Justice McDermott stated that it would have been wrong for the Board to embark on speculation […]

High Court: Debtor does not have locus standi to appeal application brought by personal insolvency practitioner

High Court: Debtor does not have locus standi to appeal application brought by personal insolvency practitioner

A debtor has had his appeal to the High Court dismissed in a preliminary hearing, on the basis that he did not have locus standi to appeal an application pursuant to the Personal Insolvency Acts 2012-2015, which was brought by a personal insolvency practitioner in the first instance. Finding in favour of Bank of Ireland […]

Children Court: Sentencing of boy for offences while in Special Care Unit not double penalty

Children Court: Sentencing of boy for offences while in Special Care Unit not double penalty

The defence team of a boy being sentenced for criminal damage and assault while detained, or about to be detained, in a Special Care Unit has unsuccessfully argued that convicting the boy of the charges would amount to a double penalty. Finding that the boy had a fair trial, Judge John O’Connor stated that a […]

High Court: Men accused of dissident attack on PSNI lose application for Sunday World to reveal source

High Court: Men accused of dissident attack on PSNI lose application for Sunday World to reveal source

Three men, accused of being connected to a gun attack on the Police Service of Northern Ireland in 2013, have had their application for an order compelling the Sunday World to reveal the name or status of the journalistic source who disclosed evidence to the newspaper refused in the High Court in Belfast. Dismissing a […]

Court of Appeal: Group owing nearly €700m to Deutsche Bank wins examinership appeal

Court of Appeal: Group owing nearly €700m to Deutsche Bank wins examinership appeal

A group of seven companies with a combined debt to Deutsche Bank AG of approximately €698m, has been successful in its application for an examiner to be appointed pursuant to s. 509(1) of the Companies Act 2014. Overturning the decision of the High Court to refuse the application, the Court of Appeal was unanimous in […]